HomeMy Public PortalAbout05) 7C Approval of Plans and Specs for Rosemead Blvd Resurfacing ProjectDATE:
TO:
FROM:
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
September 18,2018
The Honorable City Council
Bryan Cook, City Manager
Via: Michael D. Forbes, Community Development Director
By : Ali Cayir, PE , City Engineer
Okan Demirci, Project Manager
AGENDA
ITEM 7.C.
SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS FOR ROSEMEAD
BOULEVARD RESURFACING PROJECT (CIP NO. P18-06)
RECOMMENDATION:
The City Council is requested to:
1. Approve plans and specifications for Rosemead Boulevard Resurfacing Project and
authorize staff to advertise the project for bids; and
2. Approve Environmental Assessment as follows : The proposed project is
categorically exempt from the requirements of the California Environmental Quality
Act (CEQA) pursuant to 14 California Code of Regulations§ 15301 as a Class 1
categorical exemption (Existing Facilities). The project results in minor alterations to
existing public facilities involving no significant expansion of the existing use.
BACKGROUND:
1. On April 28, 2017, the Governor signed Senate Bill 1, the Road Repair and
Accountability Act of 2017 (SB 1), which created the new Road Maintenance and
Rehabilitation Account (RMRA). The purpose of RMRA is to provide funding to
address basic road maintenance , rehabilitation, and safety needs on both state
highways and local streets. To generate this funding, SB 1 mandates adjustments
and increases in fuel taxes , diesel fuel taxes , and vehicle registration fees, and
provides for adjustments in future years to adjust for inflation . SB 1 includes funding
for maintenance and rehabilitation of local· streets from the RMRA through the Local
Streets and Roads Program.
2 . On September 19 , 2017 , the City Council approved the resurfacing of Rosemead
Boulevard as the City's designated project for SB 1 funds for Fiscal Year (FY) 2017-
18.
City Council
September 18, 2018
Page 2
3. On April 17, 2018, the Council re-approved the resurfacing of Rosemead Boulevard
as one of the City's designated projects for SB 1 funds for FY 20 18-19, using funds
carried over from FY 2017-18 .
ANALYSIS:
The City is in the process of finalizing an updated Pavement Management Program
(PMP) Report . The PMP consultant recommended the resurfacing of Rosemead
Boulevard with microsurfacing, and provided applicable technical specifications to be
used. The proposed microsurfacing covers approximately 650,000 square feet of pavement
area on Rosemead Boulevard from the north city limit to the end of asphalt '
pavemenUbeg inning of concrete pavement south of Pentland Street.
The bid package has been prepared for the proposed improvements. However, due to
proposed Sunny Slope water company work that will cross Rosemead Boulevard ;
resurfacing has been postponed until the water company completes its work. According
to the water company, their work will be completed in November.
In anticipation of this November completion date, staff is requesting authorization from
the City Council to release the bid package once the water company confirms the final
completion date of their work. Subject to the final completion date and predicted weather
conditions, staff will schedule the bid advertisement date in a manner to avoid a long wait
between the bid opening and the actual date the microsurfacing work can be performed .
In addition to the microsurfacing, staff is also recommending adjustments to the median
noses at the intersection of Rosemead Boulevard and Las Tunas Drive. The median nose
adjustments are included in the plans, and can be shown as additive bid items . If the base
bid for microsurfacing comes in lower than the allocated budget, median nose adjustments
can be added subject to City Council 's approval and availability of additional budget
allocation at the time the contract is awarded.
FISCAL IMPACT:
The FY 2018-19 City Budget includes funding for this project of $311,564 (in Street
Construction and Maintenance Account No. 60-980-75-4810, CIP No . P18-06). This total
includes $206,421 RMRA funds and $105 ,143 required General Fund matching funds.
CITY STRATEGIC GOALS:
Resurfacing Rosemead Boulevard furthers the City Strategic Goals of Public Health and
Safety, Quality of Life, and Sustainable Infrastructure.
City Council
September 18 , 2018
Page 3
ATTACHMENT:
A. Project Plans and Specifications
ATTACHMENT A
CITY OF TEMPLE CITY, CALIFORNIA
BIDDING AND CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS
for
Date Issued:
ROSEMEAD BLVD RESURFACING PROJECT
CITY PROJECT 10: Pill
[ENTER DATE ISSUED] (Draft, not authorized fo r bidding, fo r revi ew only)
Bid Due Date:
at [ENTER BID DUE DATE] [ENTER BID DUE TIME]
Submit bids to:
Office of the City Clerk
City of TEMPLE CITY
9701 Las Tunas Drive, TEMPLE CITY, CA 91780
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TABLE OF CONTENTS
DESCRIPTION SECTION
NOTICE INVITING SEALED BIDS A
INSTRUCTIONS TO BIDDERS B
BIDDER'S PROPOSAL (Entire section C shall be submitted with.the bid) c
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL"
GENERAL PROVISIONS D
SPECIAL PROVISIONS E
APPENDICES:
APPENDIX A -SAMPLE CONTRACT TO BE EXECUTED
APPENDIX 8-PROJECT PLAN
A. NOTICE INVITING FORMAL SEALED BIDS
ROSEMEAD BLVD RESURFACING PROJECT
CITY PROJECT ID: Pllll
City of Temple City
PUBLIC NOTICE IS HEREBY GIVEN that the City of Temple City invites sea led bids for the above stated
project and will receive such bids in the office of the City Clerk, City of Temple City, 9701 Las Tun as Drive,
Temple City, CA 91780, up to the hour of on . The bids
received will be publicly opened approximately 15 minutes after the bid submittal deadline in the City
Hall .
This Notice Inviting Formal Sea led Bid s will be advertise d in a newspaper of general circulation, printed
and publi shed in the jurisdiction of the City of Temple City at least fourteen {14) cale ndar days before the
bid opening date.
Pre-Bid Meeting:
There is no pre -bid meeting for this project.
Bidding and Contract Documents, Plans and Specifications Available:
Copie s of the Bidding and Contract Documents, Pl ans and Specifications can be obtained as follows:
1. Plea se e-mai l your request with your contact information to: okan.d em irci@transtech.org. Upon
receipt of your e-mail, you will be registered as a plan holder, and a pdf file of the Bidding and
Contract Documents, Plan s and Specifications will bee-mailed to you at no cost.
2. Hard copy of the Bidding and Contract Documents, Pl ans and Specifications can be picked up at a
non-refundable cost of $100 from City of Temple City, 9701 La s Tunas Drive, Temple City, CA
91780. Please first e-mail to okan .dem irci@transtech.org and request a hard copy 2 days in
advance. Make check payable to "City of TEMPLE CITY". Place a note on the check as follows:
Cost for Plan Set for CITY PROJECT ID: Pl!ll!l.
3. Hard copies will not be mailed .
Pre-Bid Inquiries:
All question s regarding this bid shall be directed via email, no later than 7 calendar days prior to the
Bid due date and time, to Okan Demirci , Proje ct Manager at okan.demirci@transtech.org. Any
questions received after this deadline will not be answered. It is the re spons ibility of the bidder to
confirm transmission of corre spondence.
Scope of Work:
The work co nsists of furni shing all materials, equipment, tools, labor, and incidenta ls as described in
detail in the Bidding and Contract Documents, Plans and Specifications to construct the project. Major
work components include co nstruction of Type II microsurfacing, crack sea ling and re mov ing and
replacing in-kind striping at Ro se mead Blvd from North City Limit to South City Limit.
Location of Work:
Locations of work is shown on Appendix B-Project Plan .
Estimated Cost of Work:
Estimated cost is$ _____ _
Page : A.l
Retention :
The City will deduct a State-mandated 5 percent retention from all progress payments.
Project Completion:
The project shall be completed within 30 working days of the effective date of City's Noti ce to
Proceed.
Bid Bond:
Bids mu st be accompanied by a bid bond, made payab le to the City of TEMPLE CITY for an amount no
less than ten percent {10%) of the bid amount.
Required license Classification :
Required Licen se Classification is State of California, A-General Engineering Con tractor. No bid will be
accepted from a Contractor who ha s not been license d in accordance with the provision s of the
Bu sin ess and Professio ns Code.
SB 854 Requirements
Thi s project is subj ec t to the requirements of SB 854. No prime contractor or su bcontra ctor may be
li sted on a bid proposal for a public works project (submitted on or after March 1, 2015) unless
registered with the Dep artm ent of Industrial Relations pursuant to Labor Code se ction 1725.5. No
prim e co ntractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or afte r Ap ril 1, 2015) unless registered with the Department of Indu stria l
Relations pursuant to Labor Code section 1725.5. This project is subjec t to co mplian ce monitoring
and e nforcement by the Department of Indu stri al Re lations. Th e bi d proposal mu st include a print
out from the DIR registration website showin g that the prime contractor and eac h sub contr acto r is
cu rrently r eg istered. No bid proposals will be accepted nor any co ntract entered into with a prime
cont racto r without proof of registration as req uire d above. [Unl ess within the limited exceptions from
this req uireme nt for bid proposals only und e r Labor Code Section 1771.1{a)]. The prime contractor
will be required to post job site notices regarding Labor Code co mpli ance as described in 8 California
Code of Regulation section 16451{d).
Prevailing Wages Required:
Preva ilin g wages shall be paid to all workers in accordance with Ca lifornia Labo r Co d e 1771. A copy
of th e prevailing wages sc hedu le is on file with the City.
Federal Funds:
There ar e no Federal Funds utilize d for this project.
DBE:
There is no mandatory DBE Participatio n requirement. All bidders are required to comp ly with all
applicable competitive bidding and labor comp li ance laws including, but not limited to, ac tive
so licitation of su bcontrac t bids from minority-owned businesses, women-owned bu sine sses, a nd
businesses owned by disab led veterans. The City hereby notifies all qualified bidders that it will
affirmative ly insure that qualified minority business e nterprises will be afforde d full opportunity to
submit bids in response to this i nvitation and will not be discriminated aga in st on th e basis of race,
color, natio nal origin, ancestry, sex, rel ig ion, or handicap in conside ratio n for an award . Atte ntion is
directed to th e p rovisions of Section 1777.5 {Chapter 1411, Statutes of 1968) and 1777.5 of the Labor
Page: A.2
Code concerning the employment of app re ntices by the Contractor's or any such subcontracto rs
under hire. The bidders and the se lec t ed Contractor shall not allow discrimination in employment
practices on the basis of race, color, national origin, ancestry, sex, religion, or handicap.
Bonds Required:
A labor and materials payment bond is req uired In accordance with California Civil Code 9550 in a
form approved by the City. Also a performance bonds and public improveme nt warranty are required.
See Sample Contract for the required bond forms.
Substitution of Securities for Retention:
The contractor may deposit securities in lieu of the 5% progress payment retentions in accordance
with California Public Contracts Code 22300.
Excavation Safety:
If the work involves an excavation or trench five f ee t or deeper, the bid must contain a sepa r ate bid
item for adequate sheeting, shoring, bracing and sa fety measures approved by the City.
City Business License:
The succe ssful Contractor and his subco ntra ctors will be required to possess business licenses from
the City.
In en t ering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant
to a public works contract, the Contractor, or subcontractors, offers and agrees to assign to the awarding
body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencin g with Section 16700] of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or
materials pursuant to the public work's contract or subco ntract. This assignment shall be made and
become effective at the time the awarding body tenders final payment to the Contractor, without further
ack nowledg ment by the parties.
Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders
a nd subm itted in a sealed envelope plainly marked o n the outside. Bids must be accompanied by a bid
bond, made payable to the City of Temple City for an amount no less than 10 percent of the amo unt of
bid.
The City reserves the right to reject any or all bids, to waive a ny irregu la rity, and to take all bid s under
advisement for a period of 60 calendar days.
Any contract e ntered into pursuant to this notice sha ll become effective or enforceable against the City
of TEMPLE CITY only when the formal written contract has been duly executed by the appropriate officers
of the City.
Submittal of your bid assumes that you have made a thorough and complete investigation of the project
site and that you have discovered no apparent discrepancies between the scope of work set forth in the
plans and specificat ion s and the actua l field conditions.
If th ere are any questions regarding thi s project, please co ntact in writing via e-ma il :
Okan Demirci
Page: A .3
okan.demirci@transtech.org
All inquiries must be submitted in writing.
BY ORDER of the City ofTemple City, California.
Page: A.4
LOCATION OF WORK
B. INSTRUCTIONS TO BIDDERS
ROSEMEAD BLVD RESURFACING PROJECT
CITY PROJECT ID: Pl!!!!!l!l
City of Temple City
The exact location of the project is outlined in the drawings, specifications and other Contract Documents on
file at the office of the City Clerk of the City of Templ e City. See Appendix B for Project Plan .
PROPOSAL FORMS
Bids shall be submitted in writing on the Propo sal forms p rovided by the City. All information requested
therein mu st be clearly and legibly se t forth in the manner and form indicated. The City will not consider any
proposa l not meeting these requirem e nts.
PROPOSAL GUARANTEE
Proposa ls mu st be accompanied by a proposa l guarantee consisting of a bid bond paya bl e to the Ci ty of
Temple City in the amount not le ss than 10 pe rce nt oft he total amount of bid. Any proposal not accom pani ed
by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or r efu ses to
execute the contract documents or furnish the required in surance policies and bonds as se t forth in those
documents, the proposal guarantee shall be forfe ited to the City. The proposal guarant ees of all bidders wi ll
be he ld until the success ful bidder ha s prope rly exec uted all co ntract documents.
DELIVERY OF PROPOSAL
Proposals shall be enclose d in a sealed e nvelope pl ainly mark ed on the outside:
ROSEMEAD BLVD RESURFACING PROJECT
CITY PROJECT ID: Pl!!!l!!l
City of Temple City
DO NOT OPEN WITH REGULAR MAIL
Proposa ls m ay be ma il ed or d eliver ed by messe nge r. Howeve r, it is th e bidd er's respons ib i lity alo ne to ensu re
d e livery of th e proposa l to the hand s of th e City's des ignated official prior to the bid o pe nin g hour stipul ated
in the Notice Inviting Bids. Lat e proposals will not be co nsid e re d.
CONSTRUCTION SCHEDULE, PROGRESS OF WORK, LIQUIDATED DAMAGES
In accorda nce with the St a ndard Specifications, a nd /or as may be provided for within the herei n Specia l
Provisions, after notification of award and prior to start of any work, the Contractor shall submit to the
En gin ee r for approval its proposed Construction Sc hed ule . At a sc heduled date prior to commencement of
work, the Contractor and all su bcon trac tors sha ll attend a pre-cons t ruction conference at the City Hall.
Th e s'elect ed Contractor shall compl et e the project per the schedule indicated i n th e Notice of Inviting Bids
sec tion of the specification s.
Th e Co ntra ctor ag ree s that failure to co mplete work within th e time all owed will result in damages be ing
Page: B.l
sustained by the City. Contractor and City agree that failure to complete the project will result in
inconvenience to the citizens of Temple City. The parties also agree that failure to complete the project on
time will prevent the City from having the use of the affected facilities. Therefore, the parties agree such
damages among others are, and will continue to be, impracticable and extremely difficult to determine, but
that One Thousand Dollars ($1,000) a calendar day is the minimum value of such costs to the City and is a
reasonable amount that the Contractor agrees to reimburse the City for each calendar day of delay in
finishing the work in excess of the time specified for completion, plus any authorized time extensions.
Execution of the contract under these specifications shall constitute agreement by the Contractor and the
City that the above indicated liquidated damage amount per calendar day is the minimum value ofthe costs
and actual damage caused by failure of the Contractor to complete the work within the allotted time, that
such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted
from payments due the Contractor if such delay occurs. Said amount may be reduced by the City if work is
sufficiently completed within the/an allotted time so that the damages are minimized.
All construction graffiti shall be removed prior to the release of retention payment.
WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to
the City's designated official prior to the bid opening hour stipulated in the Notice Inviting Bids. Proposals
may not be withdrawn after the bid opening hour stipulated in the Notice Inviting Bids without forfeiture of
the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a
new proposal, providing there is time to do so.
IRREGULAR PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may
cause its rejection. The completed proposal forms shall be without interlineations, alterations, or
erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic,
or telephonic proposal, modification, or withdrawal will be considered.
TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will
be deemed and held to include any such taxes which may be applicable.
DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all
such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to
subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may
also submit a formal proposal as a prime contractor. No proposal will be accepted from a bidder who has
not been licensed in accordance with the provisions of the State Business and Professions Code.
DISCREPANCIES AND MISUNDERSTANDINGS
Before submitting a Proposal, Bidders must satisfy themselves by personal examination of the work site,
Page: 8.2
Plans, Speci fications, and other co ntract d oc ume nts, and by any other mea ns as they may believe
necessa ry, as to the actual ph ys ical co nditi ons, r eq uirements and difficulties under which t he work mu st
be performed, and shall include in the Proposal, th e cost of a ll items ne cessa ry in the constructio n of the
project. Th e Bidd er shall not be a llowed any extra co mpensat ion by reaso n of any matter or thing,
co nce rning that which such the Bidd er might have fully informed himself prior to th e bidding. No bidder
shall at any time after submiss ion of a proposa l m ake any claim or assertion that there was any
mi sunderstandin g or lack of information regarding the nature or amount of work necessary for the
sa tisfa ctory completion of the job.
Any errors, omissions, or disc repancies found in the Plans, Specifications, or other cont ract documents
sha ll be ca lled to the attention of the City. Shou ld a Bidder find any ambiguity, inconsistency or error in
th e plans and project manual , or be in doubt as to their meaning, the Bidder sha ll notify the City, in writing
via e-ma il as specified in the Notice of In v iting Bids Sec tion . Iss ues requ iring clarification will be addressed
in a written addendum res pon se, sen t by f acs imile to eac h Bidd er, perso n or firm recorded by the City as
hav ing r ece ived plans. Any addenda iss ued by th e Ci ty during the tim e of bidding ar e to be includ ed i n
the proposal from th e Bidder, and shall b ecome a part of the Bid docu ments. Th e Bidder shall acknowledge
r ece ipt of addenda on the proposa l f orm in the space prov id ed.
By submitting a bid, the Bidder shall be he ld to have personally examined the site and the drawings, to
have care fully rea d the speci fi ca tion s, and to have sa tisfie d itself as to its abil it y to m eet a ll th e difficulties
attending the exec ution of the propose d contract b efo re the delivery of this proposal, and agrees th at if
awarded the contract, will make no cl a im against th e City based on ignorance or misunderstandin g of th e
plan s, spec ifi ca tions, site conditions and /or contr ac t provision s.
PERMITS AND LICENSES
Th e Co ntractor shall procure all permits a nd licenses, pay all charges and fees, and g ive all notices
necessary and incid en t al to th e du e and lawf ul prosecution of the work. No fee is charged for the Perm it
iss ued by th e City for a public works project. Th e Co ntracto r shall pay for and obt a in a City Bus iness
Li ce nse.
CONTRACTORS LICENSE LAW
Th e success ful Bidd e r shall comply with and require all subco ntracto rs to comp ly with all Federal, St at e
and City Contractor Lic e nse Law s and be dully reg ist ere d and li cense d the re under as required.
Th e successful Bidder is required t o provide and pay for a performance and a payment bond. These bonds
shall cover the faithful performance (100%) of the Contract for Construction and the payment of a ll
obli gations (100%) arising the reunder, in such f orm as the City may prescribe and with such sureties as
they may approve. Th e successfu l Bidder shall require the attorney in fact who executes the required
bonds on behalf of th e surety to affix thereto a certified and current copy of his Power of Attorney
indicat i ng the mo neta ry limit of su ch power.
The City rese rv es th e ri ght to reject any pro pose d bondin g co mp any without statin g cause . I n this event
th e successful Bidder sha ll provide an alte rn ate bo nding co mpany select ion acceptable to the City.
Bonds shall confo rm to state statutes regarding performance bond and labor and material payment b ond
with amo unt show n on eac h part eq ual to 100% of the total amount payable by terms of th e Contract f o r
Pa ge: 8 .3
Construction. The surety company shall be license d to do bu si ness in state in which co nstruction project
is loca ted and shall be acceptable to the City. Bond amount shall be increase d to includ e any Change
Order(s) added to the contract to 100% total value amount of each Change Order. Bonds will be recorded
along with a co py of the construction co ntra ct in the County Recorder Record s by the General Contractor
with written proof submitted to the City.
LIABILITY INSURANCE
The liability insurance coverage values shall be:
1. Public Liability and Property Damage Insurance in an amount of not less than ONE MILLION DOLLARS
($1,000,000);
2. Products/C ompleted Operations Ha za rd In surance in an amount of no le ss than ONE MILLION
DOLLARS ($1,000,000);
3. Comprehensive Automobile Liability In sura nce in an amount not le ss than ONE MI LLION DOLLARS
($1 ,000 ,000);
4. Contractual General Liability In suran ce i n an amount not less than ONE MILLION DOLLARS
($1,000 ,000);
5. or GENERAL AGGREGATE LIABILITY in an amount of not les s than TWO MILLION DOLLARS
($2,000,000).
* Automobile and lease vehicle insurance; owned, not owned and hired. Insurance to Include bodily
injury, sickness and death of any person and property damage owned and un -owned per occurrence.
SOCIAL SECURITY ACT
Th e su ccessf ul Bidder agree s to comply with and t o re quire all of his subcontractors to co mply with all the
provisions of the Act of Congress approved A'ug ust 14, 1935, known and cited as the Social Security Act
and also the provisions of th e act of the State Legislature Approved, and known as the State
Unemployment Compen sa tion Law and all other law s and r eg ulation s pertaining to labor and workmen
an d all amendments to such data, and the co ntrac to r further agrees to indemnify and hold harmless the
City of Templ e City of an d from any and all claim s and demand s made against it by virtue of the failu re of
the contractor or any subcontractors to comply with the provisions of any or all of said acts and
am endments.
SALES AND USE TAX
The success ful Bidder agrees to comply with and to r equire all of his subcontractors to comply with all the
provisio ns of applicable state sales excise ta x law an d compensation use tax law and a ll am endm e nts to
sa me. The success ful Bidder further ag re es to ind e mnify and hold harmless the City of Te mple City of and
from any and all claim s and dem and s mad e aga in st virtue of the failure of the Contractor or any
Su bcontractors to comply with th e provisions of any or all sai d laws and amendments.
WAIVER OF LIENS
The successfu l Bidder (General Contractor) is responsible for the payment of all bill s for labor and
materials furnished by the subcontra ctors, th e su pp li ers, and the General Contractor on this proj ect . The
Ge neral Contractor shall deliver to the City, un co ndition al Lien Waivers and/or Releases from himse lf an d
from eac h of hi s subcontractors and supplie rs, and at such time he shall certify that he is submitting such
Page: 8.4
lien waivers for all subcontractors and suppliers involved.
If any li ens are filed against the City prope rty, the City may, at its option, demand General Cont ractor
immediately provide a bond in accordance with state statutes.
LEGAL RESPONSIBILITIES
All proposals must be submitted, filed and executed in accordance with State and Federal laws relating to
bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder
submitting a proposal shall by such action thereby agree to each and all of the terms, conditions,
provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and
other contract documents, and to full compliance therewith.
AWARD OF CONTRACT
The award of contract, if made, will be to the lowes t responsible bidder as determined solely by the City.
Th e City of Temple City reserves the right to reject any or all proposals, to waive any irregularity, and to
take the bids under advisement for a period of six ty (60) calendar days, as may be required to provide for
the bes t interests of the City. In no event will an award be made until all necessa ry investiga tion s are
made as to the responsibility and qualifications of the bidder to whom the award is contemplated.
The Contractor shall submit a signed contract, bonds, insurance and all necessa ry documents to th e City,
within the required schedule.
EMPLOYMENT OF APPRENTICES
Attention is directed to the provisions in Section 1777.5 of the California Labor Code concerning
employment of apprentices by the contractor or any subcontractor under him. The contr actor and any
subcon tracto r under him shall comply with the requirements of sa id sect ion in the e mployment of
· apprentices; however, the contractor shall have full respon sibility for compliance with sai d Labor Code
sect ion for all apprenticable occupations, regardless of any other contractual or emp loyment r elationsh ips
alleged to exist.
CONFLICT OF INTEREST
In the procure ment of supplies, equipment, construction, a nd services by sub-r ecipie nts, th e co nfli ct of
interest provision s in (State LCA -24 CFR 85.36 and Non -Profit Organizations -24 CFR 84.4), OMB Circular
A-110, and 24 CFR 570.611, respec tive ly, sha ll app ly. No em ploy ee, officer or age nt of the sub -recipient
shall participate in se lection, or in the award or administration of a contract supported by Federal funds
if a conflict of inte rest, real or apparen t , would be involved.
SUBCONTRACTS
Subcontracts shall comply w ith SEC TION 2-SCOPE AND CONTROL OF THE WORK, of the Greenbook
(Standard Specifications for Public Works Construction, latest edition). The Contractor is required to
perform, with its own organization, contract work amo unting to at lea st 51 percent of the Contract Price.
Failure to meet these requirements will res ult in disqualifying of the bid o r t e rmin ation of the contract.
This provision superse des any other provi sion s which specified a diffe r ent su b co ntract re quirement
Page: B.S
Proposed subcontractor names, a general description of the work to be performed by each subcontractor
and the dollar amount for each subcontractor shall be submitted with the bid.
PROJECT CLOSE OUT DOCUMENTS
Within 10 calendar days of completion of the project, the Contractor shall submit project close out
documents, including: Drawings showing as built conditions with red pencil; All warranties and
guarantees; All paperwork required for labor compliance; All final lien releases; All other project related
documents requested by the City.
PROPOSAL REQUIREMENTS AND CONDITIONS
The bidder's attention is directed to the applicable provisions in the Standard Specifications for Public
Works Construction requirements and conditions which must be observed in the preparation of the
proposal form and the submission of the bid.
1. Examination of Site, and Specifications: Bidders shall examine the site of the work and acquaint
themselves with all conditions affecting the work. By submitting a bid, the Bidder shall be held to
have personally examined the site, to have carefully read the specifications, and to have satisfied itself
as to its ability to meet all the difficulties attending the execution of the proposed contract before the
delivery of this proposal, and agrees that if awarded the contract, will make no claim against the City
based on ignorance or misunderstanding of the specifications, site conditions and/or contract
provisions.
2. The Contractor shall have included in the contract price a sufficient sum to cover all items, including
labor, materials, tools, equipment and incidentals, that are implied or required for the complete
improvements as contemplated by the contract documents.
OTHER CONTRACT PROVISIONS
The bidder's attention is directed to other contract provisions, as listed below, which must be observed
in the preparation of the proposal form and the submission of the bid.
Federal Labor Standards Provisions
Current Federal DOL Wage Decision
Federal EEO and Affirmative Action Requirements
Contracting with Small & Minority Firms, Women's Business Enterprise
Compliance with Clean Air and Water Acts
If there are any questions regarding this project, please contact via e-mail:
Okan Demirci, Project Manager
okan.demirci@transtech.org
All inquiries must be submitted in writing.
Page: B.6
I Bidder's Name:
C. BIDDER'S PROPOSAL
ROSEMEAD BLVD RESURFACING PROJECT
CITY PROJECT ID : Pl!ll!l
City of Temple City
In accordance with the City of Temple City's Notice Inviting Sealed Bids, the undersigned BIDDER, hereby
proposes to furnish all materials, equipment, tools, labor, and incidentals required for th e above stated
project as se t forth in the Plans, Specifications, and contract documents therefore, and to perform all work
in the manner and time prescribed therein .
BIDDER declares that this proposal is ba se d upon careful examination of the work site, Plans ,
Specifications, In structions to Bidders, and all other contract documents. If this proposa l is accepted for
award, BIDDER understands that failure to enter into a contract in the manner and time prescribed will
result in forfeiture to the City of Temple City of the guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work. The contract will be awarded on the prices
shown on the bid schedu le. It is agreed that the unit and/or lump sum pric es bid include all appurtenant
expenses, taxes, royalties and fees. In the case of discrepancies in the amounts of bid, unit prices shal l
govern over exte nd ed amount, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of th e BIDDER'S default in
exec uting the required contract and filing th e necessary bonds and insurance certificates within ten
working days after the date of the City of Temple City's notice of award of contract to the BIDDER, the
proceeds of the security accompanying this bid shall become the property of the City of Temp le City and
this bid and the acceptance hereof may, at the City of Temple City's option, be considered null a nd void.
BID SCHEDULE
To the Temple City's Ci t y Council, herein ca ll ed the "Council".
Pursuant to and in comp lian ce with your Notice Inviting Bids and the other docum ents relatin g th er eto, th e
undersigned bidder, having familiarized him se lf with th e work as p er the para graph , Di sc repancie s and
Misunderstandings, con tain ed in the IN STRUCTIONS TO BIDDERS section, a nd w ith th e t e rm s of th e contract,
the local conditions affecting the perfo rmanc e of the contract, and th e cost of the work at the place where .
the work is done, and with the drawings and speci ficati ons and other contract documents, hereby proposes
and agrees to perform , within the time stipulated, the contract, including a ll of its component parts, and
everything required to be performed, and to provide and furnish any and all of the labor, materials, tools,
ex pen dable equipment, and all applicable ta xes, utility and transportation services necessary to perform the
contract and complete in a workmanlike manner, all in strict co nformity with the Contract Documents on file
at the office of the City Clerk of sa id City, per the following bid schedu le:
(Bidd e r sh all provide a bid a mount for each bid item listed below. Failure to provide a bid for each bid item
sh all rend er the bid non-responsive)
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL"
Page: C.l
BID SCHEDULE
ROSEMEAD BLVD RESURFACING PROJECT
CITY PROJECT ID : P ..
City of Temple City
Description Quantity Unit Unit Bid Total Bid Item Amount Amount
Construct Type II Microsurfacing on Rosemead
Blvd from North City Limit to South City Limit to
1 include curb returns of all intersecting streets. 1 LS $ $
Work i ncludes Crack fi ll ing as specified on the
Specia l Provis ions.
2 Restore Striping and Markings 1 LS $ $
TOTAL BID AMOUNT $
I n the case of discrepancies, total bid will be based o n calcu lated amounts based on quantities and Unit Bid
Amounts.
A. Mobilization I Demobilization including construction
Fu ll compensation for the items li sted to the right as fencing
Items A, B, C, D and E are considered as inclus ive i n B. Traffic Control
each Bid Item listed above in the Bid Schedu le as c. NPDES, WWECP, and Best Management Practices
applicable, and no additional and/or separate (BMPs), Public Convenience and Safety
compensat ion wi ll be all owed . D. Construction Staking by Land Surveyor
E. Clearing and Grubbing
The bid prices shall include any an d al l costs, including labor, materials, appurtenant expenses, taxes, roya lties
and any and all other incidental costs to complete the project, in compliance with the Bid and Contract
Documents and all applicable codes and standards.
Mobil ization/demobilization, traffic cont ro l and safety are assumed to be included in various bid items as
applicable. Al l other work items not specifically listed in the bid schedu le, but necessary to comp lete the work
per bid and contract documents and all app licable codes and standards are assumed to be included in the bid
pric es.
The City res erves the right to add, delete, increase or decrease the amount of any quantity shown and to delete
any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change
does not exceed 25% (plus or minus) of the tota l b id amount for the enti re project. If the change exceeds 25%,
a change order may be negotiated to adjust unit bid prices.
A bid is required for the enti re work, that the quantit ies se t forth in the Bid Schedule are to ca lculate tota l bid
amount, and that final compensation under t he contract wi ll be based upon th e actua l quantities of work
sat isfactori ly completed.
Bidder sha ll provide a bid amount for each bid item listed be low. Failure to provide a bid for each bid item sh
render the bid non-responsive
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL"
Page: C.2
DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of th e work which are in excess of one-ha lf of one
percent of the bid and to procure materials and eq uipment from su ppliers and vendors as follows:
Name, address, and
phone number pf Work to be Performed Co ntractor's DIR# Dollar Amou nt sub co ntractors, Li ce nse#
supp li e r s, and vendors
$
$
$
$
$
$
$
$
$
Total Subcontract Amount (shall not exceed 49% of Total Bid Amount) $
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL"
Page: C.3
REFERENCES
The City of Temple City is interested in obtaining bid s from the most qualified and capable contractors
with a proven track record able to perform work d es ired by the Public Works Department. Any and all
references required to be provided by th e bid specifications must be for projects constructed by the
bidding company; references for other projects perform ed by principal s or other individuals of the bidding
compa ny may not be included .
Th e following are the names, addresses, and t e lep hon e numbers for three public agencies for which
BIDDER has performed similar work within th e past three years.
Ref er ence Contact Information Reference Project Contract Date
Name Value Com1:1 leted
Agency Name:
Contact Name and Title: $
Contact Tel No :
Agency Name :
Contact Name and Title: $
Contact Tel No:
Agency Name:
Contact Name and Title: $
Contact Tel No:
BONDS
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom
Bidder intends to procure insurance bond s:
SITE INSPECTION
Th e Bidder declares that he/she ha s carefully read and examined the plan s, speci fications, bid documents,
a nd he/she ha s made a persona l examination of the site (indi ca te name of th e person, representing the
bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project
WITHOUT QUESTION .
Name of Person who inspected th e si te:
Date of Inspection:
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL"
Page: C.4
ADDENDA ACKNOWLEDGMENT
Th e Bidd e r ackn ow l edges recei pt of the followin g Addenda a nd ha s includ ed thei r provi sion s in this
Proposal:
Addendum No. ________ Dat ed ______ _
Addendum No. ________ Dated ______ _
Addendum No. ________ Dated ______ _
Ad d endum No . ________ Dat ed, ______ _
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER ce rtifies that all previ ou s contracts or su bcon tra cts, all report s which may have been due under
th e r eq uirements of any Agency, Site, or Fe de r al equa l employment opportunity o rders have been
sa tisfactorily filed , and that no such report s ar e cur re ntly outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER cert ifi es t hat affirmative ac tion has been taken to seek out and co nsid er minority bu sin ess
e nterprises for those portions of wo rk to be subcontracted, and that such affirmat ive actions have been
fully docum ented, that sa i d documentation is open to inspection, and that sa id affirmative action will
remain in effect for the life of any con trac t awarded hereunder. Furth ermore , BIDDER certifies that
affirmative act ion will be t ake n to meet all eq ua l employme nt opportunity r equ ire me nts of th e co ntract
documents.
NONCOLLUSION AFFIDAVIT
BIDDER declares th at the o nl y p erson s or parti es inte rested in this proposal as princip als are those na med
he rein : that n o officer, agent, o r employe e of the City of Te mple City is perso nally interes ted , d irectly or
indirec tly, in this proposal; that this proposa l is mad e w it hout connection to any other i ndividual, firm, or
corporation m aking a bid fo r t he sa me work an d th at t hi s proposal is in a ll respects f a ir an d witho ut
co llu sion or fraud.
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL"
Page: C.S
BIDDER INFORMATION
Bidder's Name:
Address:
Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
If a Corporation, State of Incorporation (i.e ., Calif.)
State Contractor's License No . and Class
DIR Registration No.: {Also provide DIR No's for subcontractors a<
se parate attachment)
Contact Per son Information:
Name Titl e E-mail Tel
The following are the names, titles, addresses, and phone numbers of all individuals, firm members,
partners, joint venturers, and/or corporate officers having a principal interest in this proposal :
The date(s) of any vo luntary or involuntary bankruptcy judgements against any principal having an interest
in this proposal are as follows:
All current and prior DBA'S, alias, and/or f ictitious business names for any principal having an interes t in
this proposal are as follows:
Previou s contract performance history:
1. Wa s any contract term i nated previously: __ _
If th e answer to the above is "yes", provide th e following information:
Contract/project name and number: __________________ _
Date oftermination: ________________________ _
Re as on for t ermination : -------------------------Owner's name: --------------------------
Owner contact person and tel. no.:------------------
2. In the past ten years have you filed a claim for money against any publ ic entity?
If th e answer to the above is "yes", provide the following information:
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL"
Page: C.6
Contract/project name and number:. __________________ _
Date of filing claim :. _______________________ _
Reason for filing claim:. ______________________ _
Owner's name:. _________________________ _
Owner contact person and tel. no.:------------------
3. In the past ten years have you been a party to legal action by or against a public entity arising out of
the performance of a public works contract?
If the answer to the above is "yes", provide the following information:
Contract/project name and number:. __________________ _
Date of commencement of litigation: ___________________ _
Reason for litigation: ______________________ _
Owner's name: _________________________ _
Owner contact person and tel. no.:------------------
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and
seals of all aforementioned principals this __ day of , 201_.
BIDDER _______________________________________________ __
Subscribed and sworn to this ____ day of _______ , 201 .
NOTARY PUBLIC _________________________________________________ _
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL"
Page: C.7
Department of Industrial Relations (DIR)
Contractor Registration Number
Beginning July 1, 2014, contractors must register with the Department of Industrial Relations (DIR) before
bidding on public works contracts in California. For more information, please refer to this section of the
Department of Industrial Relations Website : http://www.dir.ca.gov/Public-Works/PublicWorks.html~
Per this requirement, provide the following information:
Contractor Name
Contractor Department of Industrial Relations Registration Number:
Expiration Date of Registration Number
*(THIS FORM MUST BE SUBMITIED WITH THE SEALED BID)*
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL"
Page: C.S
PROPOSAL GUARANTEE/BID BOND
ROSEMEAD BLVD RESURFACING PROJECT
CITY PROJECT ID: Plll!l
City of Temple City
KNOW ALL MEN BY THESE PRESENTS that , as BIDDER,
and , as SURETY, are held and firmly
bound unto the City ofT em pie City, in the penal sum of dollars($ ),
which is 10 percent of the total amount bid by BIDDER to the City of Temple City for the above stated
project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firm
by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the
City of Temple City for the above stated project, if said bid is rejected, or if said bid is accepted and a
contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation
shall be null and void, otherwise it shall remain in full force and effect in favor of the City of Temple City.
IN WITNESS WHEREOF the partie~ hereto have set their names, titles, hands, and seals this __ day of
-------' 201_.
BIDDER*
SURETY*
*Provide BIDDER/SURETY name, address and telephone number and the name, title, address and
telephone number for authorized representative.
Subscribed and sworn to this . __ day of ______ _, 201_.
NOTARY PUBLIC: _____________________ _
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "C. BIDDER'S PROPOSAL"
Page: C.9
D. GENERAL PROVISIONS
ROSEMEAD BLVD RESURFACING PROJECT
CITY PROJECT ID: P~
1. GENERAL
All work shall be performed in accordance with the "Standard Specifications for Public Works
Construction" (SSPWC), Latest Edition, "California Manual on Uniform Traffic Control Devices" (CA
MUTCDL "Caltrans Standard Specifications", "Caltrans Standards", "Standard Plans for Public Work
Construction", the General Provisions and these Special Provisions.
In case of conflict the more stringent requirement shall apply, except when the City makes an
exception. The City has the right to make such exception at its discretion, and the contractor shall
provide reasonable cost discount if the City decides to implement the lesser stringent option .
2 . CONTRACTORS DUTIES:
Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public
authorities which bear on performance of work.
3. CONTRACTS:
Construct entire work under one contract with the City.
4. SPECIFICATIONS AND DRAWINGS COMPLEMENTARY:
The Specifications and Drawings are complementary, and what is called for in one shall be binding as
if called for in both.
5. ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS:
Subsection 2-5.2, "Precedence of Contract Documents", (SSPWCL revise the order of precedence and
incorporate additional items as follows:
a. Permits issued by jurisdictional regulatory agencies.
b. Change Orders and/or Supplemental Agreements; whichever occurs last
c. Contract/ Agreement
d. Addenda
e. Bid/Proposal
f. Special Provisions (Section E)
g. General Provisions (Section D)
h. Plans
i. Standard Plans
j. Standard Specifications
k. Reference Specifi cations
With reference to the Drawings the order of precedence is as follows:
Page: D.l
a. Figures govern over scaled dimensions
b. Detail drawings govern over ge neral drawings
c. Addenda/Change Order drawings gove rn over Contract Documents
d. Contract Documents govern ove r standard drawings
e. Contract Drawings govern over shop drawings
6. DISCREPANCIES IN THE CONTRACT DOCUMENTS:
Any discrepancies, conflicts, errors or omissions found in the Contract Document shall be promptly
reported in writing to the Engineer, who will issue a correction in writing. The Contractor shall not
take advantage of any such discrepancies, conflicts, errors or omissions, but shall comply with any
corrective measures regarding the same prescribed by the Engineer, and no additional payment or
time shall be allowed therefor, except as provided in the Standard Specifications.
If discrepancies are discovered between the drawings and the specifications, and no specific
interpretation is issued prior to the bidding, the decision regarding this interpretation shall rest with
the Engineer. The Contractor shall be compelled to act on the Engineer's dec is ion as di rec ted . In the
event the installation is not in compliance with the direction of the Engineer, the i nstallation sha ll be
corrected by and at the expense of the Contractor at no additional cost to the City.
In case of such discrepancies on the plan sheets, it is assumed that the bid included the cost for
implementing/constructing the discrepancy that would have the highest dollar val ue .
7. ERRORS AND OMISSIONS:
If the Contractor, in the course of th e work, be comes aware of any claimed errors or omissions in th e
contract do cum e nts or in the City's field work, it shall immediately inform th e Engineer. City Engi nee r
shall promptly review the matter, and if he/s he finds an e rror or omission has been made, he/she
shall determine the corrective actions and advi se th e Contractor acco rdingly. If the co rrective work
associated with an error or omission in creases or decreases the amount of work called for in the
Contract, the City shall issue an appropriate Change Ord er. After discovery of an error or omission by
the Contractor, any related work performed by the Contractor shall be done at its risk unless
authorized by the Engineer.
8. CHANGED CONDITIONS:
The pl ans for the work show conditions as they are believed by City Engineer to exist, but is not
intended or to be inferred that the conditions as shown thereon constitute a representation by the
City that such conditions are actually existent, nor shall the City be liable for any loss sustained by the
Contractor as a result of any variance of the conditions as shown on the plan s and the actual
co nditions revealed during the progress of the work or otherwise. The word "conditions" as use d in
this paragraph includes, but is not limited to, site conditions, both surface and su bsu rfa ce.
Th e Contractor shall exa min e the site, compare it with the drawings and specifications and shall sa tisfy
itse lf as to the conditions under which the work is to be performed. The Contractor shall ascerta in
and check the location of all existing stru ct ures, utilities and equipment which may affect its work.
The Contractor shall be re spon sible to re-exam in e the site, as necessa ry, for performance of change
Page : 0 .2
orders or other propose d changes which may affect its work. No a llowance shall subsequ ently be
made on the Contractor's behalf for any ex tra expense or loss of time wh ic h in curred du e to f ailure or
n eg ligen ce on its pa rt to make such exam in ation.
9. MARKUP:
For extra work and ch ange ord ers the following p ercentages shall apply:
a. LABOR COSTS
1. Labor markup for emp loyer taxes st a ndard federal/state rates, approximately: 10%
2. Labor markup for fringe ben efits (if fringe benefits are not included in the labor cos t : 15%
3. Labor overhead markup : 10%
4. Profit markup: 10%
b. MATERIAL, EQUIPMENT, SUBCONTRACTOR COSTS
Only 5% markup by prime con tracto r will be allowed on materials, e quipm ent and subco nt ractor
costs. No other additional markups (ove r head , profit, et c.) will be allowed.
c. After th e total amount is es tablished by adding the above item s, an additional 2% m arkup for
INSURANCE AND BONDING COSTS wi ll be allowed.
Th e subcontractor costs shall b e es tabli shed usin g the sa me cost accounting prin ci pal abo ve.
Th e markups mention ed he reinafter sha ll includ e, but are not limited t o, all cos t s for the services of
superinte ndents, project managers, t im ekee pers and other perso nn el not working directly on the
change order, and pickup or yard trucks use d by the above perso nnel , an d other vehicles and/or
equipment present at the job site but not di rectly used in actual construction activities. I nci dental
movements of la bor, materials, su pplies or equipment shall not be considered as use in actual
cons tru ction activities. Th ese costs sha ll not be r eported as labor or equ ipmen t elsew here, exce pt
when actually perfo rming work direc tly on th e chang e order and t hen shall only be re ported at the
labo r classification of th e work performed.
The City shall not pay for the cos t of f o reme n or vehicles used by foremen unless authorized in
adva n ce by th e Engin ee r.
10. SITE SECURITY AND SAFETY
The Contractor shall secure the project as well as th e adjoining properties during the duration of th e
project.
11. PAYMENTS TO CONTRACTOR AND CLAIMS
a. Payment for Labor and M at erial s. The Contractor shall pay and ca use th e su b co nt rac tors to pay
any and all accounts fo r la bo r, including Worker's Compensation premiums, State Un emp loym e nt
and Fede ral Socia l Security payments and all other wage and sa lary dedu ct ions req uired by law.
Th e Contractor also shall pay and cause the su bcon tractors to pay any and all accounts for
services, equipment an d materials use d by it and the subcontractors during the performance of
work under this contract. All such acc ounts shall be paid as th ey become due and payable. If
Page: 0 .3
requested by the Engineer, the Contractor shall immediately furnish the City with proof of
payment of such accounts.
b. Additional Work. Payment for additional work and all expenditures in excess of the bid amount
must be authorized in writing by the City Engineer. Such authorization shall be obtained by the
Contractor prior to engaging in additional work. It shall be the Contractor's sole responsibility to
obtain written approval from City Engineer for any change(s) in material or in the work proposed
by suppliers or subcontractors. No payment shall be made to the Contractor for additional work
which has not been approved in writing, and the Contractor hereby agrees that it shall have no
right to additional compensation for any work not so authorized.
c. Claims . The Contractor shall not be entitled to the payment of any additional compensation for
any cause, including any act, or failure to act, by the City, or the happening of any event, thing or
occurrence, unless he shall have given the City due written notice of potential claim as hereinafter
specifications. The written notice of potential claim shall set forth the reasons for which the
Contractor believes additional compensation will or may be due, the nature of the costs involved,
and, insofar as possible, the amount of the potential claim. Said notice shall be submitted on a
form approved by the City at least forty-eight {48) hours (two working days) in advance of
performing said work, unless the work is of an emergency nature, in which case the Contractor
shall notify and obtain approval from the Inspector prior to commencing the work. The City
Engineer. may require the Contractor to delay construction involving the claim, but no other work
shall be delayed, and the Contractor shall not be allowed additional costs for any said delay but
may be allowed on extension of time if the City Engineer. agrees that the work delayed is a
controlling element of the Construction Schedule. The Contractor shall be required to submit any
supporting data (or a detailed written explanation justifying further delay) within five (5) Work
Days of a request from the City Engineer, and shall be responsible for any delays resulting from
late and/or incomplete submittals. By submitting a Bid, the Contractor hereby agrees that this
Section shall supersede Sections 6-6.3 and 6-6.4 ofthe Standard Specifications.
The City shall be the sole authority to interpret all plans, specifications and contract documents,
and no claim shall be accepted which is based on the Contractor's ignorance, misunderstanding
or noncompliance with any provision or portion thereof.
The above provisions shall supplement Section 3 of the Standard Specifications. The Contractor
shall be responsible to provide all data and to obtain all approvals required by said Specifications,
including submittal of Daily Extra Work Reports. No claims or extras shall be approved by the City
unless all work was done under the direction of and subject to the approval of the Inspector.
Disputed work claims shall comply with Section 3 of the Standard Specifications, as modified
herein.
It is the intention of this Subsection that differences between the parties arising under and by
virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in
order that such matters may be settled, if possible, or other appropriate action promptly taken.
The Contractor hereby agrees that it shall have no right to additional compensation for any claim
that may be based on any such act, failure to act, event, thing or occurrence for which no written
notice of potential claim as herein required was filed .
Page: 0.4
d. Noncompliance with Plans and Specifications. Failure of the Contractor to comply w ith any
requirement of the Plans and Specifications, and/or to immediately remedy any such
noncompliance upon notice from the Engineer, may result in suspension of Contract Progress
Payments. Any Progres s Paym e nts so suspended shall remain in suspen sion until the Contractor's
operations and/or submittals are brought into compliance to the satisfaction of the Engineer. No
additional compensation shall be allowed as a result of suspension of Progress Payments due to
noncompliance with the plan s or specifications. The Contractor shall not be permitted to stop
work due to said suspension of Progress Payments .
e. Request for Payment. Contractor shall submit all request s for paym en t on the City provided form.
The City shall provide the form for use after Contract is awarded.
Prior to submittal of said form, all items for which payment is reque sted shall be checked and
approved in writing by the City Engineer. No payments will be made unless all back-up data is
submitted with the payment request and the Progre ss Payment Invoice is signed by both Contractor
and City Engineer.
There shall be no separate payment for any relocation s, barri ers or form s, grading or temporary ·
construction required to construct the improvem ents herein. Payment for these items shall be
absorbed in the Bid Prices for the applicable work to which they are appurtenant, and no extra costs
shall be allowed.
The payment of amounts due to the Contractor shall be contingent upon the Contractor and
subcontractors furnishing th e City with a relea se of all claims against the City arising by virtue of the
Contract related to said amounts.
12. LEGAL ADDRESS OF CONTRACTOR
Th e address given in the Bidder's Propos al is hereby designated as the place to which all notices,
letters, and other communications to the Contractor will be mailed or d elivered, except such notices
and communications as shall be given by the City's Inspectors to the Contractor's design ated
Superintendent in the field . The mailing or delivering to said address of any notice, letter, or other
communication, or th e h and-delivery to sa id Superintendent, shall be deemed sufficient service
thereof upon the Contractor. The date of such service shall be the date of such mailing or delivery.
Said address may be changed at any time by a written notice signed by the Contractor and delivered
to th e Engineer.
13. NOTIFICATION
The Contractor shall notify the City ofT em pi e City and the owners of all utilities and substructures not
less than 48 hours prior to starting con struction. The following li st of names and telephone numbers
is intended for the convenience of the Contractor a nd is not guaranteed to be complete or correct:
Agency Name and Title Tel
City of Temple City Michael D. Forbes, Director of Community 626-285-2171
Development
City ofTe mple City Ali Cayir, PE, City Engineer 714 -883-8677
City of Temple City Bryan Ariizumi, Publi c Safety Officer 626-285-2171
Page : 0 .5
City of Te mple City, PD County Sheriff's Station 626-285-7171
City of Temple City, Fire Fire Departm ent 626-287-9521
Electric Southern California Edison 626-303-84 73
Gas The Gas Com pany 310-687-2020
AT&T Bu siness Customer Service 626-570-5314
SPRINT Customer Service 800-211-4727
MCI Customer Service 888-624-5622
Refu se Athen s Di spo sa l Company 626-336-3636
Cable Charter Communications 626-430-3570
Water California American Water Co. 626-614-2534
Water Ea st Pa sade na W ate r Co. 626-793-6189
Water Golden Sta te Water Company 626-287-5238
Water San Gabriel County Water Di strict 626-287-0341
Water So. California Water Co. 626-446-1372
Water Sunny Slope Water Co . 626-287-5238
Underg round Service Alert 811
14. CITY HOLIDAYS
City offices are closed on the following d ays: New Years Day; President's Da y; M emorial Day;
Ind ep e ndence Day; Labor Day; Veteran's Day; Thanksgiving {2 days) and Christmas Day. Duri ng th ese
holidays, inspections will not be available.
15. EMERGENCY INFORMATION
The na mes, addresses and t ele phon e numbers of th e Co ntractor and subcontract ors, or their
representatives, sha ll be filed with th e Engineer and th e City Police Department prior to beginning
work.
16. FINAL ACCEPTANCE
Final acceptance by CITY will be made when Con tractor ha s provided 'as-bu ilt' drawings and
sa tisfa ctorily completed all work and improvements as called for in the Contract Documents including
reconciliation of mate rial s. The CITY shall notify Co ntrac tor in writing of final acceptance of th e work.
Failure or neg lect on the part of CITY to reject inferior work during the construction period shall not
be co nstrued to imply acceptance of such work nor to preclude its right to reject it. Contractor shall
be required to correct all defects which become evident at any time prior to final acceptance of
Co ntractor's work by CITY. The cost of all suc h repa irs, material, labor, and overheads sha ll be borne
by Contractor. Ownership, custody, and control of the work and facilities shall pass to CITY only
upon Final Acceptance.
17. WARRANTY
The Contractor ex press ly represe nts and warrants th at all work performed and all materials used are
free from defect s of workmanship and conform to the Contractor's Contract obl igations. This
warranty sh all co mmence upon Final Acceptance and end one yea r from that date. Th e Contractor
shall pay the ac tual cost to CITY for any breach of this warranty corrected by CITY (i nclu ding labo r,
Page : 0 .6
material and overheads). If CITY is unable to collect for the work after 30 days from completion, the
actual cost may be deducted from the Contractor's refundable monies on deposit with CITY. CITY may
recover such cost by claim against the surety on the performance or maintenance bond furnished by
the Contractor.
18. AS-BUILT DRAWINGS
Provide and record a complete "As Built" records set of blue line prints showing changes from the
original drawings and specifications and the exact "As Built" lo cations, sizes and types of equipment.
Prints for this purpose may be obtained from the City. Keep this set of drawings on the site and use
only as a record set. Use these drawings as work progress sheets. With red pencil, make neat and
legible annotations thereon as the work proceeds, show ing the work as actually completed. Keep
these drawings avai lab le at all times for inspection. Before the date of the final inspection, provide
the "As Built" prints to the City. Please note, that failure to submit an "As Built" set of drawings as
noted above will result in the retention payment being delayed.
19. PAYMENT
All cost for complying with the requirements of this section shall be included in the various items of the
bidding schedule unless specified otherwise.
Page: 0 .7
A. GENERAL
E. SPECIAL PROVISIONS
ROSEMEAD BLVD RESURFACING PROJECT
CITY PROJECT ID: piJII
1. SCOPE OF THE WORK COVERED BY CONTRACT DOCUMENTS:
The work co nsi sts of furni shin g all m ateria ls, equipment , tools, labor, and incidentals as described
in detail in the Bidding and Contract Documents, Plans and Specifications to construct the project.
Major work components include construction of Type II microsurfacing, crack sealing and
removing and replacing in-kind striping at Rosemead Bl vd from North City Limit to South City
Limit.
2 . ALLOTIED WORKING SPACE:
The contractor shall be responsible for storing his materials and equipment and t o use as work
yard as necessary. The City wi ll not allow keeping equipment, materials, vehicles, removed items,
debris, etc. within this space with no liability to the City. It shall be the re sponsibility of the
Contractor to provide adequate fencing, security of the yard and equipment to the Engineer's
satisfaction, and to re store the assigned area to its original, pre -use cond ition, or better, to the
satisfaction of the City.
3. ACCEPTANCE OF SITE:
The Contractor shall accept the site and the charact er of the work as they exist on the first day of
work under this contract.
4. MAINTENANCE OF EXISTING PLANTINGS, IMPROVEMENTS AND FACILITIES:
The Con tractor sha ll protect and maintain all ex isting trees and shrubs (plantings) to remain from
the first day of work und er this contract to accepta nce. In simila r fa shion, Contractor shall protect
and maintain all improvements and facilities in place to remain from the first day of work under
this contract to acceptance. Contractor sha ll notify City Engineer of any damage to any existing
plantings, improvements or faciliti es as soon as possible. Contractor shall replant or repair any
damage to the sa tisfac tion of City Engineer at no cost or extra burden to the Ci t y.
5. PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 7-10. "Pub li c Co nv en ience and Safety" of the SSPWC:
a. At the end of the Work Day the j ob site shall be left in a neat and orderly mann e r.
Roadway and parking sha ll be mad e available wherever possi bl e to the sat isfaction of the
City Engineer.
b. During construction the Co ntractor sha ll provide adequate access to each residence or
business affected by this project to the sa tisfa ction of the Engineer.
Page : E.l
c. Should any change in these requirements be necessitated by extraordinary occurrences
or requirements during the execution of the work, the Contractor shall obtain prior
written approval of the Engineer.
6. WORK SITE MAINTENANCE
Add the following to Section 7-8, "Work Site Maintenance" of the SSPWC:
a. Sanitary Conditions. The Engineer may from time to time prescribe rules and regulations
for maintaining sanitary conditions along the work and the Contractor shall enforce
observance of the same by its emp loyees and the employees of the subcontractor, and,
if the Contractor fails to enforce these rules and regulations, the Engineer shall have the
authority to enforce them.
b. Water Pollution Control. The Contractor shall adhere strictly to Subsection 7-8.6 of the
Standard Specifications through the entire project and add the following:
1.) The Contractor, without limitation, shal l be responsible to provide and implement
Best Management Practices to comply with National Pollution Discharge Elimination
System (NPDES} standards and practices. The Contractor shall be responsible, to the
fullest extent possible, not to permit any contaminants, including soil, to enter any
drainage system. Contractor shall be responsible to be prepared to provide hay
bales or sim il ar devices to prevent eros ion from being washed into the storm drain
system. Contractor sha ll be responsible to maintain equipment so that oi l, grease,
gaso lin e, diesel fuel, et al., does not contaminate areas subject to run-off. The
Contractor and its Surety sha ll fully indemnify the City for any pollution damage
and/or clean in g costs .
All construction on off-site or on-site improvements shall adhere to NPDES (National
Po llu tion Discharge Eli mination System} Best Management Practices to prevent
deleterious materials or po ll utants from entering the City or County storm drain
systems.
2.) The following are the areas to be addressed:
a.} Handle, store and dispose of materials properly.
b.) Avoiding excavation and grading activities during wet weather.
c.} Construct diversion dikes and drainage swales around working sites.
d.) Cover stockpiles and excavated soil with secured tarps or p last ic sheeting.
e.} Develop and implement erosion control plans .
f.} Check and repair leaking equipment away from construction site .
g.} Designate a location away from storm drains for refue ling.
h.} Cover and seal catch basins whenever working in their vicinity.
i.} Use vacuum with all concrete sawing operations.
j.} Never wash excess material from aggregate, concrete or equipment
onto a street
k.) Catch drips from paver with drip pans or absorbent material.
1.) Clean up all spills using dry methods.
Page : E.2
m.) Swee p a ll gutters at the end of each working day. Gutters shall be kept
clean after leaving co nstruction site.
n.) Call 911 in case of a hazardous spill.
o.) Keep a running log of all activities in connection with th e Storm Water
Pollution Pr eve ntion Plan (SWPPP)
p.) Name a pers on, on site, responsible for complying wit h S.W.P.P.P.
3.) CONTRACTOR TO COMPLY WITH THESE REQUIREMEN TS AN D CITY ENGINEER'S
DIRECTIONS DURING THE COURSE OF CONSTRUCTION.
7. SOLID WASTE MANAGEMENT AND RECYCLING PLAN .
Th e contractor shall submit a Solid Waste Management and Recyclin g Plan to the City Manager's
Office for re view and approval prior to iss uance of a demolition perm it a nd /or gradi ng permit for
the project. Said plan sha ll indicate th at the permittee/contractor sha ll provide documentation
such as re ce ipts from landfills, salvage and recycling facilities upon co mpletion of the
demolition/construction. Sa id plan shall id entify:
a. Types of materials for r ecycl ing, reuse or sorting
b. Estimated quantities
c. Separation requirements
d. On site storage
e. Transportation methods
f . Des tinations
g. Plan manager (contractor's represe ntative)
Prior to iss uance of a demolition and/or gradi ng permit, the permittee/contractor shall co ntact
the California Integrated Waste Management Board (recycling hotline 800-553-2962) to obt ain
an approved recycler (pro cessor and/or receiver) for demolition and cons tru ctio n was t e. At the
minimum the contractor shall recycl e each of th e follow ing demolition a nd const ru ction waste
materials:
• As phalt pavin g: 75%
• Co ncret e and concrete m aso nry units: 75%
• Non-lead ba se d painted wood w as tes (dimensional lumber and broken crates and
pallets): 50%
• Metals: 60% .
• Toilets: 75%
• Appliances: 75%
• Copper cable/wire: SO%
• Transformers and ballas t s: 100%
• Fluorescent lamps: 100%
• Glass: SO%
• Unpainted gyp sum bo ard: 50%
A minimum of 50% of the tota l weight of the w as t e (d e molition and co nstru ctio n wastes) sha ll be
Page: E.3
diverted from landfill.
8 . REFUSE ROUTE SCHEDUlE.
Th e Contractor shall accommodate and coo rdinate with the City's refuse pick-up se rvice in the
project area.
The Contractor shall accommodate a nd coordinate with the City's stree t sw eep ing se rvice in th e
project area.
9. SURVEY AND LAYOUT:
Contractor shall ve rify all dimensions on the drawi ng s and shall report to the City Representative
any discrepancies before procee ding with related work. Contractor shall p erform all survey and
precise layout work to t he sat isfa ctio n of the City Engin ee r. Contractor shall esta blish final grade s
an d extents for the improvements and prese rve such work on as -built pl ans.
10. liMITS OF WORK:
Limits of work shall be the legal property boundaries of the site unless modified by Contract limit
lin es indicated on the pl ans or as noted otherwise.
11. NOTICE TO PROCEED:
The Contractor shall not commence work until a Notice to Proceed ha s bee n iss ued by the City to
the Contractor.
Pr ior to the issu ance of Notice to Proceed the Contractor sha ll provid e the following:
a. Th e Contractor shall provide a ll required co ntrac t bond s and evidences of in suran ce to
the City;
b. The Contrac tor shall submit a Construction Schedule to City Engineer;
c. The Contractor sha ll obtain a City of Temple City Bu sine ss Lic ense;
d . Obtain a no-fee Construction Permit from the City
Notwithstanding any other provisions of th e Contract, the Contractor shall not be obligated to
pe rform any work and the City shall not be obligated to accept or pay for any work performed by
th e Contractor prior to de livery of a Notice to Proce ed. The City's knowledge of work being
pe rform ed prior to delivery of th e Notice to Procee d shall not obligate the City to accept or pay
for suc h work.
12. PROJECT SCHEDULE:
The Contractor shall submit a Construction Sch edule to the Engine e r prior to Notice To Proceed
is iss ued . No w ork may be started until th e Schedule ha s bee n app rov ed in writ ing. The work shall
be sc hedule d to assure that co nstruction will be co mpleted within t he speci fi ed t im e. Th e
Contractor shall be held res pon sible for coo rdination of all pha ses of the operation so that the
time sc hedul e can be met.
Page : E.4
If the Contractor desires to make a major change in its method or operations after commencing
construction or if its Schedule fails to reflect the actual progress, the Contractor shall submit to
the Engineer a revised Construction Schedule. Said Schedule shall be submitted in advance of the
beginning of the revised operations or within two (2) working days after notification by the
Engineer. The Engineer may suspend all progress payments if the Contractor fails to comply.
13. CONTRACTTIME:
The Contractor shall submit evidence to the City that all materials have been purchased by the
date indicated in the construction schedule in INSTRUCTIONS TO BIDDERS SECTION of these
specifications. The date construction shall begin will be specified in a Notice to Proceed, by the
date indicated in the construction schedule in INSTRUCTIONS TO BIDDERS SECTION of these
specifications .
Except as otherwise provided in the Special Provisions, working hours in traffic lanes will be
restricted to between the hours of 8:30a.m. and 3:00p.m., and, except as otherwise stated in the
Special Provisions or approved by the City Engineer, working hours for areas not affecting traffic
are between 7:00 a.m. and 4:00 p.m. Monday through Friday, excluding legal holidays and
weekends.
During periods when weather or other conditions are unfavorable for construction, the
Contractor shall pursue only such portions of the work as shall not be damaged thereby. No
portions of the work whose acceptable quality or efficiency will be affected by any unfavorable
conditions shall be constructed while those conditions exist. It is expressly understood and agreed
by and between the Contractor and the City that the Contract time for completion of the work
described herein is a reasonable time taking into consideration the average climatic and economic
conditions and other factors prevailing in the locality of the work.
14. DELAY IN OBTAINING MATERIALS:
No extension of time will be granted for a delay caused by the inability to obtain materials unless
the Contractor either obtains advance written approval from City Engineer or obtains from the
supplier and furnishes to the Engineer documentary proof that such materials could not be
obtained due to war, government regulations, labor disputes, strikes, fires, floods, adverse
weather conditions necessitating the cessation of work, or other similar action of the elements.
The Contractor is required to order materials in a timely manner as specified in the "Instruction
to Bidders".
15. RECORD DRAWINGS:
The Contractor shall maintain at the job site a copy of all required permits, one (1) set of plans,
standard plans and specifications and contract documents. At the end of each working day, the
Contractor shall submit to the Inspector an accurate "as-built" drawing of any changes that
occurred from the approved plans and drawings, including Change Order work, changed
conditions in the field, and/or claimed extra work. The Contractor shall be responsible to obtain
the Inspector's written approval of the accuracy of said drawing. No invoice will be accepted for
processing until all work included therein is accurately shown on the record drawings.
Page: E.S
16. MATERIALS:
Material Specifications:
Whenever any material is specified by name and number thereof, such specifications shall be
deemed to be used for the purpose of facilitating a description of the materials and establishing
the quality of the materials to be used . All materials shall be new and the best of their class and
kind. No substitution will be permitted which has not been approved in writing by the Engineer.
Material list:
A complete material list shall be submitted prior to performing any work. Catalog data and full
descriptive literature and manufacturer's specifications and installation instructions shall be
submitted whenever the use of items different than those specified is requested.
The material list shall be submitted using the following sample layout (double spaced between
each item).
Item No. Description Manufacturer Model Number
1. material ABC Corp . XXX
Approval of Substitutes:
Approval of any items, alternates or substitutes indicates only that the product(s) apparently meet
the requirements of the drawings and specifications on the basis of the information and/or
samples submitted.
Contractor's Responsibility:
Manufacturer's warranties shall not relieve the Contractor of liability under these Specifications .
Such warranties only shall supplement the Contractor's responsibility.
17. INSPECTION AND TESTING:
All materials furnished and all work performed under the Contract shall.be subject to review and
inspection by the Engineer. Such review may include mill, plant, shop, nursery, or field inspection
as required. City Engineer shall be permitted access to all parts of the work, including plants
where materials are manufactured or fabricated, and shall be furnished with such materials,
information and assistance by the Contractor and its subcontractors and suppliers as is required
to make a complete and detailed inspection .
The Contractor shall request inspection 24 hours in advance by calling the City Engineer or his
designee.
Submittal shall be provided by the Contractor per Subsection 2-5.3 Submittals of the Standard
Sp ecifications for Public Work Construction (SSPWC).
Page: E.6
The City will provide standard progress building and public works in spection at no cos t to th e
Contractor. Contractor shall arrange and pay for all other in spections required by ordinance or
governing authorities, including t es t s in connection therewith, as may be assigned to it in other
sec tions of the specifications.
It shall be the Contractor's responsibility to obtain Inspection in a timely manner prior to
proceeding with any phase of construction. The Contractor shall neith e r allow nor ca use any of
its work to be covered or enclosed until it has been inspected, tested and approved by the
Engineer.
City Engineer will make, or have made, suc h in spections and tests as he deems necessary to see
that the work is being accomplished in accorda nce with the requirements of the Contract. In th e
event such inspections or t es t s reveal non-compliance with the requirements of the Cont r act, the
Contractor shall bear the cost of suc h correct ive meas ures deemed necessary by the City Engineer,
as well as the cost of the subsequent re-inspection and re-testing. It shall be und erstood and
agreed that the inspe ction or making of t es t s shall not constitute an acceptance of any portion of
the work nor relieve the Contractor from compliance with the terms of the Contract.
Standard progress billing and public works inspections shall be requested by the Contractor at
leas t twenty-four (24) hours in advance of an anticipated inspection.
Work done in the absence of prescribed inspection may be required to be r emoved and replaced
under the proper inspection, and the entire cost of removal and replacement, including the cost
of all materials which may b e furnished by the City and used in the w ork thus removed, sha ll be
borne by the Contractor, re ga rdl ess of whether the work removed is found to be defective or not.
Work covered without th e a uthority of City Engineer shall, upon order of the City Engineer, be
uncovered to the extent r equired, and th e Co ntractor shall si mi larly bear the entire cost of
performing all the work and furni shing all the materials nec essary for the removal of the covering
and its subseq ue nt replace ment.
18. CONSTRUCTION STAKING:
Locations of new sign posts, sig na ge, pavement marking, lines and striping as show n on the plans
are approximate and the exact location s shall be established by the Contractor with approval by
Engineer in the field.
19. UTILITY COMPANIES COORDINATION
a. The Contractor shall provide coord in ation with all the utility compan ies involved and sha ll
provide protection f rom damage to th eir faciliti es. The Contractor sha ll be re sponsibl e for
repair or repla ceme nt to sa id facilities made necessa ry by its failure to provide required
protection. The Co ntractor is r equ ired to include utility requirements in the Construction
Schedule.
b. Th e Contractor sh all notify all utility agencies and owners of al l faciliti es w ithin the ar ea of
construction a minimum of five (5) work days in advance of performing any work within sa id
area.
Page: E.7
c. The Contractor shall protect all utilities and other improvements which may be impaired
during construction operations. It shall be the Contractor's responsibility to ascertain the
actual location of all existing utilities, including service laterals, and other improvements
indicated on the drawings that will be encountered in its construction operations, and to see
that such utilities or other improvements are adequately protected from damage due to such
operations. The Contractor shall take all possible precautions for the protection of
unforeseen utility lines to provide for uninterrupted service and to provide such special
protection as may be directed by the Engineer.
The Contractor shall be solely responsible to check all utility record maps, books, and/or other
data in the possession of the City, other agencies, and/or all utility companies, and no
allowance shall be made for any failure to have done so.
d. It shall be the Contractor's responsibility to completely remove all "construction graffiti"
(spray paint or other marking for utilities, survey points and construction limits) prior to
acceptance of the work as completed.
e. 48 hours prior to any excavation, the Contractor shall call "Underground Service Alert-
Southern California" for utility locating in all public right-of-ways by calling 811.
f. List of Utility Owners are listed in the Section D General Provisions of these contract
documents.
g. All cost for complying with the requirements ofthis subsection shall be included in the various
items of the bidding schedule unless specified otherwise.
20. TRAFFIC CONTROL REQUIREMENTS
1. The Contractor shall be responsible to furnish, install and maintain such devices which are
necessary to provide safe and efficient passage for the traveling public through the work area,
for the safety of personnel present in the work area, and to minimize inconvenience to
adjacent properties.
2. All work and materials to implement construction staging and traffic control shall comply with
the California Manual of Uniform Traffic Controls Device (CAMUTCD). Signs, markings,
striping, barricades, delineators and all materials shall conform to applicable Caltrans
standards and specifications.
3. The use of flagmen may be required if deemed so by the Engineer. Adequate flagmen,
construction sign barricades, delineators, and arrow boards shall be used to the satisfaction
of the Engineer. Adequate traffic control shall be maintained at all times through the
construction zone, in compliance with the California Manual on Uniform Traffic Control
Devices.
4. Minimum Requirements for Maintaining Traffic Flow.
Page: E.8
a. The Contracto.r shall maintain one (1) minimum ten-foot-wide lanes in each direction
at all times.
b. Driveways-The Contractor sha ll maintain access to each driveway at all times unless
other arrangements have been made with each property owner, subject to approval
by the Engineer.
c. All original traffic lanes shall be restored at the end of working hours each day.
a. Traffic signs, flaggers, warning devices, safety traffic devices and electronic arrow
board for diverting and directing traffic shall be furni shed , installed and
maintained by the Contractor through the project. Arrow boards and other
devises must comply with the City of Temple City requirements for nighttime
noise standards at adjacent private property lines.
b. If permanent pav e ment markings cannot be restored by th e end of th e work shift
in which they were obliterated, temporary markings shall be provided by the
Contractor prior to le aving the job site on all streets except any street closed to
through traffic. The se t e mporary markings shall be as follows :
c. Temporary lane lines and/or centerlines shall con sist of day/night refle ctorized
raised pavement markers, approved by the City of Temple City, spaced
approximately 24" apart.
d. Right edge lines shall not be simulated with d as hes or pavement markers;
however, portable delineators, guide markers, etc., may be used by the
Contractor where it is considered d es irabl e to e nhan ce the edge of traveled way
due to curvilinear alignment, narrowing pav emen t , etc., and shall be used when
direc ted by the Engineer. Th e Contractor shall be responsible to periodically
review th e construction area at night to in sure all lights are properly pl ace d and
operable.
e. Lo ca tions where no-pa ss ing zone centerline delineation has been obliterated
shall be posted by the Co ntractor with a sign packa ge consisting of a C18 {2 3)
"ROAD CONSTRUCTION (WORK) AHEAD" and R63 "DO NOT PASS".
f. See other traffic requirements under other work sections.
g. Any deviation with th ese traffic requirements may be afforded only with the prior
written approval of the Engineer.
5. Holiday Period.
No reduction in the number of lan es or in lane widths on any stree t sha ll be permitted during
the holiday period which begin s on the Monday prior to Thanks g iving and end s on the Friday
following New Year's Day.
6. Temporary No Parking Signs.
Page: E.9
The Contractor is re spon sibl e to post "Temporary No Parkin g" sign s at least 5 working days
in advance of the first date of enforce men t. The City shall be informed before posting of
sign s.
Parking will be restricted only for the minimum time necessa ry to complete on -going work.
7. All costs for complying with these traffic provisions shall considered included in v arious bid
item.
21. CLEARING AND GRUBBING
1. The following paragraph s sha ll be added to Subs ec tion 300-1.3, Remova l an d Disposal of
Materials of the SS PWC :
CONTRACTOR shall remove and transport debris and rubbi sh in a mann er that will prevent
spi llage on streets or adjacent areas. Cleanup of spillage will be at CONTRACTOR'S expe ns e.
Unless noted otherwise elsewhere on the contract documents, all m aterials indicate d to be
removed shall be recycled immediately at the CONTRACTOR's expense at a site approved by the
Engineer, per the requirements highlighted in Subsection E.7 above. No demolished materials
shall be stored in th e Work Area or Staging Area at any time, but instead shall be remov ed and
recycled immediately .
Contractor shall not start any re moval work unless it is prepared to perform reconstruction
work imm ediately without interruption from the time r emovals beg un , unless otherwise
approved by the En g ineer.
Prior to the removal of traffic loop, the Contractor shall contact the City Eng ineer to enable
them adjust the ass ociated traffic sig nal timing.
2. Add the followi ng to subsec tion 300-1.3.2, Requirements of the SSP W C:
a.) Misce llaneou s Removals a nd Re lo ca t ion s. This item shall include all re movals not
speci fically listed in the Bidder's Propo sa l or otherwise covered by these Specifica tions
such as all necessary r elocation s and restorations of water valves, ma nhol e adjustment
to grade and other items, whether shown on the Plan s or not, and as necessary to
complete th e improvements. Contractor shall be re spon sible to revi ew th e project site
prior to bidding and to include all such work, wheth er or not show n on the plan, in its
bid prices for this item.
b.) Limits. Th e Contractor shall meet with th e In spector prior to m ak ing remova ls to verify
the limit s of removals and the loca tions of joins, to establish smooth joins an d t o assure
proper drainage. The Contractor may make minor changes in the locat ion of j o in s and
the limits of removals , provided a smooth join and proper drainage shall be achieved
and it has obtained prior written approval from the City En gin eer.
Page: E.lO
3 . All cost for complying with the above requirements shall be con sidered include d in all various
bid item and/or included on the applicable bid item.
22. MICROSURFACING
A. GENERAL
Microsurfacing shall consist of mixing a polymer modified, cationic microsurfacing emulsion
(MSE), aggregate, mineral filler, set-control additives, and water and spreading the mixture
on a pavement surface where shown on the plans, in conformance with the provisions in
these Special Provisions , and as directed by the Engineer. The provision s of Section 37,
"Bituminous Seals," of the Caltrans Standard Specifications shall apply in their entirety
except as modified or supplemented herein.
B. MATER IALS
The materials for microsurfacing shall conform to the following requirements:
a. MICROSURFACING EMULSION
Microsurfacing Emulsion (MSE) shall be homogenous and shall conform to the provisions of
these Special Provisions. The polymer shall be milled or blended into the asphalt or blended
into the emulsifier solution prior to the emulsification process.
The MSE shall conform to the following requirements when tested in conformance with
the following test methods :
POLYMER MODIFI ED, CATIONC MICROSURFACING EMULSION (MS E)
SPECIFICATION DESIGNATION
Viscosity, SSF,@ 77 F, sec
Sieve, Max
Settlement, 5 days, max.
Storage Stability, 1 day, max.
Residue by Evaporation, min.
TESTS ON EMU LSIFIED ASPHALT
RES IDUE
Penetration, 77 F, lOOg, 5 s, O.lmm
Softening Point (Ring -and Ball Appar atus), Min
Page: E.ll
METHOD O F TEST
AASHTOT 59
AASHTOT 59
ASTM D244
AASHTOT 59
California Test 331
METHOD OF TEST
AASHTOT 51
AASHTO T53
REQUIREMEN TS
15-90 seconds
0.30%
5%
1%
62%
REQUIREMENTS
40-90
135 11l F (57 11l C)
b. AGGREGATE
Aggrega t e sha ll cons ist of sound, durable, cru shed stone or crushed gravel and approved
mineral . filler. The material shall be free from vegetable matter and other deleterious
subs t ances. Aggregate sha ll be one hundred percent (100%) crushed with no round ed
particles, volcanic in origin and black in color, as supp li ed by George Reed, Table Mountain
Plant, Sonora, CA, or approved equal. The use of gray or light colored aggregate will not
be allowed. The Cont ractor sha ll submit aggregate samp les, for approva l at least ten (10)
worki ng days prior to starting microsurfacing operations.
The aggregate, prior t o the addition of emulsio n shall conform to the requirements of this
section. If aggregates are blended eac h component aggregate shall meet the sand
equ ivalency and abras ion resistance and shall be one hundred percent (100%) crushed as
t ested in accordance with Ca lifornia Test 205. The definition of a crushed particle in Califo rni a
Test 205 Section D, is amended to read: "Any particle having two {2) or more fresh
mechanically fractured f aces sha ll be cons id ered a crushed particle."
The percentage compos ition by weight of the aggregate (including mineral filler) shall con form
to the following grading requirements when tested in conformance with Ca lifornia Test 202:
PERCENTAGE PASSING
SIEVE SIZES TYPE II
3/8" (9.5mm) 100
No .4 (4.75 mm) 94-100
No.8 {2.36 mm) 65-90
No. 16 (1.18 mm) 40-70
No. 30 (600 um) 25 -50
No. 200 (75 um) 5-15
The aggr egate (excluding mineral filler) sha ll also conform to the following quality
requirement:
TEST ON AGGREGATE
Sand Equivalent
Durability Ind ex
Percentage of Crushed Particles (Min)1
Los Anfeles Rattler Loss at 500 Rev.
(Max)
METHOD OF TE ST
Ca lifornia Method 217
Cal ifo rni a Method 229
California Method 205
Cal iforni a Method 21 1
REQUIREMENTS
70min.
75 min.
100%
35%
Notes: 1. CT205, Section D, is amended to read: "Any particle having two (2) or more freshly,
mechanically fractured faces shall be considered a crushed particle." 2. Los Ange les Ratt ler sha ll be
performed on the parent aggregate before crushing.
Page: E.12
c. MINERAL FILLER
The mineral filler sha ll be eith er Portland ce me nt or hydrat ed lime th at is free of lumps.
Portland ceme nt sha ll be either Type I, Type II , Type Ill, or combinat ion the reof. Th e type of
m ineral fill er shall be determined by the Contractor based on laboratory mix des igns. The
mineral filler will be considered part of the aggregate gradation requirement.
d. WATER
Wate r sha ll be of such quality that the aspha lt will not separate from the MSE before
the microsurfacing is pla ce d on th e pavement. If necessary for workab ility, a set -con trol
age nt that wi ll not adverse ly affect the microsurfacing product may be used.
C. MIX DESIGN
At least f ourtee n (14) working days before the microsurfaci ng pla cemen t commences,
the Contractor sha ll submit for a pprov al of the Engine er a laboratory report of tests and a
proposed mix design covering th e specific m aterials propose d fo r use on t he project.
The percentages of each individu al mate rial proposed in the mi x des ign sha ll be shown in
the laboratory report. Individu al materia ls sha ll be within the follow ing limits:
Res idu al Asphalt
Polymer So lid s
Mine ral Fill er
Additive
W at er
5.5% t o 10.5% by dry weight of agg rega t e
3% Minimum based on bitumen weight
content
0% to 3% by dry weight of aggregate
As needed
As nee ded
Ad justments may be required during construction based field con ditio ns.
Th e mix de sign and agg reg ate t es t s sh all be performed by a n AMRL (AA SHTO Materi a l
Reference Laboratory) accredited laboratory capab le of pe rformin g th e ap plicab l e
Internatio nal Slurry Surfacing Associa tion (I SSA ) tests. The proposed microsurfacing mi xture
sha ll co nform to the specified requirements w hen t ested in co nform ance with th e fo ll owing
te st s:
Page : E.l3
Wet Cohesion
@30 Minute (Set)(Min.)
@60 Minute (Traffic)(Min.)
Excess Asphalt (Max)
Wet Stripping (Min.)
Wet Track Abrasion 6-day Soak loss
(Max)
Di splacement
Lateral (Max)
Specified Gravity After 1000 Cycles of
125 lbs (56.8 kg)(Max)
Classification Compatibility
Mix Time @77 F (25 C)
TB=Technical Bulletin
ISSA TEST
METHOD
TB139
TB109
TB114
TB100
T147A
TB144
TB113
REQUIREMENT
12 kg-em
20 kg-em
540g/m2
90%
810g/m 2
5%
2.10
11 Grade Points Minimum
(AAA,BAA)
Controllable to 120
Seconds
The AMRL-accredited laboratory that performed the tests and designed the mixture shall sign
the laboratory report. The report shall show the results of the tests on individual materials
and shall compare their values to those required by these Special Provisions. The report shall
clearly show the proportions of aggregate, fi ll er (minimum and maximum), water (minimum
and ma ximum), set contro l additive, and MSE solids content (minimum and maximum)
based on the dry mass of aggregate. The laboratory shall report the quantitative effects of
moisture content on the unit mass of the aggregate (bulking effect) in conformance with
the requirements of ASTM Designation C 29M . Previous laboratory reports covering the
same materials may be accepted provided the material test reports were completed within
the previous twelve (12) months. The mix design shall further show the recommended
changes in mineral filler, water, and additive proportions for high temperature weather
conditions by reporting proportions of materials required for sixty (60) seconds of mix time with
materials heated to 100"F (38 "C). Thi s 100"F (38"C) mixing report will not be required for
projects requiring nighttime application.
The component materials used in the mix design shall be representative of the
microsurfacing materials proposed by the Contractor for use on the project.
Once the mix design is approved by the Engineer, no substitution of other material will be
permitted unless the materials proposed for substitution are first tested and a laboratory
report is submitted for the substituted design in conformance with the provisions of these
Specia l Provisions . Substituted materials shall not be used until the mix design for those
materials has been approved by the Engineer.
Page : E.14
The completed mixture, after addition of water and set control agent, if used, shall be such
that the microsurfacing mi xture ha s proper workability. At th e expiration of the road closure
hours, in co nformance with the prov ision s in Sect ion 20, "Traffic Control Req uireme nts" of
these Special Provisions, the microsurfaci ng mixture shall be su fficiently cured to support
unrestricted traffic.
D. PROPORTIONING
Aggregate, mineral filler, MSE, water, and additives, including the se t-co ntrol agen t , if used,
shall be proportioned by volume utilizing the mix design approved by th e Engineer. If more
than o'ne kind of aggregate is use d, the correct amount of each kind of aggregate to produce
the required grading shall be proporti o n e~ se parately, prior to adding the other materia ls of
the mixture, in a manner that will result in a uniform and homogeneous blend.
The agg r eg ate shall be proportioned using a be lt feeder operated with an adj ustable cutoff
gate. The height of the gate opening shall be determinable. The MSE sh all be proportioned by a
positive displacement pump. Variab le rate emulsi on pump s, if use d, shall be calibrated and
sea led in the pump's ca librated co ndition in confo rman ce with California Test 109 prior t o
usage.
The delivery rate of aggregate and MSE per revolution of th e aggregate feede r sha ll be
ca librat ed at the appropriate gate se ttings for eac h mix er-sp read er truck use d on the project
in conformance with Caltran s MPQP (Ma t erial Plant Quality Program), California Test 109
and th ese Specia l Provi sion s.
Th e agg regate belt f eede r shall delive r aggregate to the pugmill with such volumetric
consistency that the d ev iatio n for any individu a l aggregate de livery rate check-run shall
not excee d t w o perce nt (2.0%} of th e math ema t ica l average of three (3) runs of at least
three tons (3 tonnes) each. The em ulsion pump shall de liver MSE to the pugmill w ith such
vo lu metric co nsiste ncy that the devi ation for any individual d e liv ery rate check-run sha ll be
within t wo percent (2.0%) of th e math ema tica l average of 3 runs of at leas t 300 ga llons
{1135 L) eac h. The water pump shall deli ver water to the pugmill with such volumetric
consi stency that the deviation for any individual delive ry rate check-run shall be within two
perc ent (2.0%) of the mathe matical average of three (3) run s of at leas t 300 ga llon s {1135 L)
eac h.
Th e M SE storage tank shall be locate d imm ed iat e ly b efore the emul sion pump and sha ll be
equipped with a d ev ic e which will automatica lly sh ut down the power to the emulsion pump
a nd agg r egate belt feeder when the MSE level is lowered to a po int where the pump suct ion
li ne is exposed.
A temperature-indicating d evice sha ll be inst a lled in the emulsion storage t ank at t he pump
suction level. Th e device shall indicate the t em pera ture of the MSE and shall be acc u ra t e to
within 10°F (5 °C).
The belt delivering the agg r ega t e to th e pugmill shall be e quipped with a device to monitor
the depth of aggregate b eing delive red to the pugmill. Th e device for monitori ng the
Page : E.lS
depth of aggregate shall automatically shut down the power to the aggregate belt feeder
whenever the depth of aggregate is less than the target depth of flow. A second device shall
be located where the device will monitor the movement of the aggregate belt by detecting
revolutions of the belt feeder. The devices for monitoring no flow or belt movement shall
automatically shut down the power to the aggregate belt when the aggregate belt
movement is interrupted. The device to detect revolutions of the belt feeder will not be
required where the aggregate delivery belt is an integral part of the drive chain. To avoid
erroneous shutdown by normal fluctuation, a delay of three (3) seconds will be permitted
between sensing and shutdown of the operation.
E. MIXING AND SPREADING EQUIPMENT
The microsurfacing shall be mixed in continuous pugmill mixers of adequate size and power
for the type of microsurfacing to be placed. All indicators shall be in conformance with the
provisions of these Special Provisions and shall be in working order prior to commencing mixing
and spreading operations.
Mixer-spreader trucks shall be equipped to proportion the MSE, water, aggregate, mineral
filler, and set-control additives by volume. Rotating and reciprocating equipment on mixer-
spreader trucks shall be covered with metal guards.
The mixer-spreader truck shall not be operated unless low-flow and no-flow devices and
revolution counters are in good working condition and functioning and metal guards are in
place. Indicators required by these Special Provisions shall be visible while walking alongside
the mixer-spreader truck.
Aggregate feeders shall be connected directly to the drive on the emulsion pump. The drive
shaft of the aggregate feeder shall be equipped with a revolution counter reading to the
nearest one-tenth of a revolution.
Each mixing unit to be used in the performance of the work shall be calibrated in the presence
of the Engineer at the mixing plant prior to the start of the project. Previous calibration
documentation covering the exact materials to be used will be acceptable, provided that no
more than sixty (60) calendar days have lapsed. The documentation shall include an
individual calibration of each material at various settings that can be related to the
machine metering devices. Any component replacement affecting material proportioning
requires that the machine be recalibrated. No machine will be allowed to work on the project
until the calibration has been completed and/or accepted.
The microsurfacing mixture shall be spread by means of a spreader box conforming to
the following requirements:
Spreader Box
The spreader box shall be capable of placing the microsurfacing a minimum of twelve (12)
feet (3.6 m) wide and shall have strips of flexible rubber belting or similar material on each
side of the spreader box and in contact with the pavement to prevent the loss of
microsurfacing from the box. Spreader boxes over eight (8) feet (2 .38 m) in application width
shall have baffles, reversible motor driven augers or other suitable means to insure uniform
Page: E.16
application on superelevated sections and shoulder slopes. Spreader bo x skids shall be
maintained in such manner as to prevent chatter (wash boarding) in the finished mat. The
spreader box in use shall be clean and free of microsurfacing and MSE at the start of each
work shift.
The spreader box shall have a series of strike-off devices at the rear of the box . The leading
strike-off device shall be fabricated of steel, stiff rubber or other suitable material. The number
of strike-off devic es shall be determined by the Contractor. The first strike-off device
shall be designed to maintain close contact with the pavement during the spreading
operations, shall obtain the thickness required, and shall be capable of being adjusted to
the various pavement cross sections for application of a uniform microsurfacing finished
surface. The final strike-off device shall be fabricated of flexible material suitable for the
intended use and shall be designed and operated to ensure a uniform texture is achieved in the
finished surface of the microsurfacing. The final strike-off device shall be cleaned or changed
daily if problems with longitudinal scouring occur.
Flexible fabric drags attached to the rear of the spreader box shall not be used.
Microsurfacing spreader box shall be wrapped in plastic or other suitable material to prevent
microsurfacing materials being dropped on the haul routes while in transit to and from the
stockpile area or from one project street to another. Failure to comply with this specification
shall be grounds for suspension of work until corrective measures are implemented.
F. SURFACE PREPARATION
Pavement must be completely dry prior to the application of microsurfacing.
Special care shall be taken to clean the pavement before the microsurfacing application.
Immediately prior to the application of the microsurfacing, the surface to receive the
microsurfacing shall be cleaned by vacuum sweeping, flushing or other means necessary to
remove all vegetation, loose particles of paving, all dirt, and all other extraneous material.
.Pavements impregnated with grease, oil, orfuel shall be thoroughly scrubbed with water and
an approved detergent and then flushed and swept clean. Wash water shall be vacuumed up
and disposed of and shall not be permitted to enter the storm drain system. Contractor shall
be responsible for sweeping the streets until sufficiently cleaned to the satisfaction of the
Engineer. Streets shall be swept from face of curb to face of curb. Pavement missed by or
inaccessible to broom sweepers shall be swept manually or by other methods approved by the
Engineer.
All vegetation and debris removed from the roadway surface shall become the property of
the Contractor and shall be disposed of in accordance with Sections 14 and 19 of the Caltrans
Standard Specifications.
All cracks and joints greater than 1/8 inch in size shall be blown clear with high pressure air,
with the street swept immediately thereafter; and all joints and cracks greater than ~ inch
and less than 1.5 inches in size shall be filled with Crafco Polyflex Ill or equal. Filler shall be
within 1/8 inch below and flush with existing pavement surface and squeegeed, as necessary,
to attain this result.
Page: E.17
All existing temporary and permanent pavement markers and temporary delineation shall be
removed in accordance with Section 23, "Pavement Striping and Markers" of these Special
Provisions.
All surface metal utility covers (including survey monuments) shall be protected by thoroughly
covering the surface with an appropriate adhesive and paper or plastic. No adhesive material
shall be permitted to cover, seal or fill the joint between the frame and cover of the structure.
Covers are to be uncovered and cleaned of surface seal material by the end of the same work
day.
G. PLACING
Microsurfacing shall be placed a minimum of seven (7) calendar days after the completion of
the chip seal on streets that are designated for cape seal on the project plans or in these
Special Provisions.
The microsurfacing mixture shall be uniformly spread on the existing surfacing within the rate
specified without spotting, rehandling or otherwise shifting of the mixture.
The microsurfacing mixture shall not be placed when the ambient temperature in the shade
and the pavement temperature are below so·F (1o•q or during unsuitable weather (i.e. foggy
or rainy). Microsurfacing shall not be placed if rain is imminent or if there is the possibility that
there will be freezing temperatures within twenty-four (24) hours. Microsurfacing application
shall conclude no later than 3:00p.m. and guarantee public traffic access within one (1) hour.
Microsurfacing shall be spread at the rate of 14-181bs. of dry aggregate per square yard.
Longitudinal joints shall correspond with the edges of the traffic lanes. The Engineer may
permit other patterns of longitudinal joints if the patterns will not adversely affect the quality
of the finished product.
Through traffic lanes shall be spread in full lane widths only. Longitudinal joints common to 2
traffic lanes shall be butt joints with overlaps not to exceed 3 inches (76 mm). Building paper
shall be placed at the transverse joints to avoid double placement of the microsurfacing. Other
suitable methods to avoid double placement of the microsurfacing will be allowed. Hand tools
shall be available to remove spillage.
The mixture shall be uniform and homogeneous after placing on the surfacing and shall not
show separation of the MSE and aggregate after setting. The completed surface shall be of
uniform texture and free from ruts, humps, depressions, or irregularities.
Adequate means shall be provided to protect the microsurfacing from damage by traffic until
such time that the mixture has cured sufficiently so that the microsurfacing will not adhere to
or be picked up by the tires of vehicles.
Any microsurfacing material that is spilled onto concrete gutter surfaces shall be removed on
Page: E.18
the same day the material was placed. Concrete surfaces that are sta in ed due to spilled
sl urry materials shall be cleaned to the sat isfaction of the Engin eer.
H. ROLLING
The surface of the street shall be roll ed by a self-propelled, 10-ton (maximum) pneumatic
tire roller equipped with a water spray system. All tires shall be inflated per manufacturer's
specifications. Rolling shall not start until the micro surfacing has cured su ffic ien tly to avoid
damage by the roller. Areas which require rolling shall receive a minimum of two (2) full
coverage passes.
I. STREET SWEEPING
At least one {1) week after the microsurfacing ha s cured and is open to traffic, any excess ive
rav eling of the aggregate from the microsurfacing shall be swept up by th e Contractor.
Sweeping shall continue until suc h tim e when the raveling ceases. Failure to provide
adequate sweeping shall result in the Town performing sai d work at the Contractor's sole
expense, which shall be deducted from any monies due to the Contractor. Sweeping by Town
forces shall not relieve the Contractor of any liability arising from his f ailure to comply with
these Special Provisions .
J. TEST STRIP
The Contractor shall construct a t est strip for evaluation by the Engineer. The test strip shall
be 300 feet {100 m) to 500 feet {150 m) long and shall consist of the application courses
speci fi ed. The t est strip shall be lo cated on a low volume street. The test strip shall be
constructed in the ear ly morning in a sunn y area on the pavement and shall cure and be open
to traffic within sixty (60) minutes of application.
The Engineer will evaluate the comp leted t est strip after one (1) hour of t raffic on the
completed test strip to determine if the materials as placed are accep tabl e. If the materials as
placed are determined by the Engineer to be unacceptable, no additional work will be
permitted until the Contractor's proposed remediation has been approved by the Engineer.
The cost of materials and placement of the test strip(s), which have been rejected, shall be
borne by the Contractor and will not be cons idered as part of the contract work.
The approved test strip will be used for public relations purposes by th e Town f or local
residents to observe.
K. REPAIR OF EARLY DISTRESS
If bleeding, raveling, delamination, rutting, or washboarding occurs within sixty (60) calendar
days after placing the microsurfacing, the Contractor shall diligently pursue repairs by any
method approved by the Engineer. The Contractor shall not be r elieved from maintenance
until repairs hav e been completed. In abi lity to provide a satisfactory repair shall be gro unds
for the Engineer rejecting the microsurfacing as defective. Th e Engineer's decision is final
regarding whether a repair is considered sa tisfactory.
Page : E.19
l. MEASUREMENT AND PAYMENT
The contract unit price paid per square yard for "Microsurfacing Seal/' shall be considered
as full compensation for furnishing all labor, materials, tools, equipment and incidentals and for
doing all the work involved in microsurfacing, including but not limited to; site preparation,
cleanup, protecting utility and manhole covers, applying microsurfacing, preparing test strip(s),
spread-rate calibration procedures, rolling, protection during curing, street sweeping and all
other incidental work required to complete the work as shown and specified.
23. PAVEMENT STRIPING AND MARKERS
1. General
a. All work shall conform to the latest edition of Caltrans Standard Plans, Standard
Specifications, and California Manual on Uniform Traffic Control Devices {CAMUTCD}.
b. Traffic striping, raised pavement markers, reflective materials, the application of
thermoplastic striping and pavement markings, and the installation of raised pavement
markers shall conform to the provisions in the Caltrans Standard Specifications, Sections 84,
"Traffic Stripes and Pavement Markings" and Section 85, "Pavement Markers".
c. Striping details, pavement legends and symbols shall conform to those in Caltrans Standard
Plans . Pavement legends and symbols shall be white, unless noted otherwise.
d . Lane line and/or centerline pavement delineation, where existing or called for on the Pia ns,
shall be provided at all times for traveled ways open to public traffic. Whenever the Work
causes obliteration of pavement delineation, temporary pavement delineation or
permanent traffic stripes of the appropriate color and detail shall be in place. In the
locations shown on the Plans, prior to opening the travelled way to public traffic.
e. Striping shall be cat tracked and approved by the City Inspector prior to final installation.
f. All conflicting existing striping, painted symbols and raised pavement markers shall be
removed. The removal of painted markings and raised pavement markers shall conform to
the provisions of the Caltrans Standard Specifications.
g. Thermoplastic pavement marking materials and installation shall conform to Caltrans
Standard Specifications Section 84-2. Materials shall consist of extruded Alkyd Binder
Thermoplastic in conformance with State Specification 8010-19A. Application shall be by
ribbon or extruded methods only (no spraying).
h. Pavement damaged due to removing raised pavement markers shall be repaired to the
satisfaction ofthe City Inspector.
i. All lane lines at intersection approaches and departures shall b egin and end with 50-feet of
4-inch solid white line.
Page : E.20
j . Payment
a.) Pavement marking and striping shall be paid per Lump -Sum and shall include labor and
material to furnish and install pavement markers, striping, legends with the above
requirements including removal of conflicting markings, striping and legends.
Page: E.21
Appendix A
CITY STANDARD PUBLIC WORKS CONTRACT
TO BE EXECUTED
CITY OF TEMPLE CITY
PUBLIC WORKS CONTRACT
PROJECT ______________________________________ ___
THIS AGREEMENT ("Agreement") is made and entered into this __ day of
__________ , by and between the CITY OF TEMPLE CITY, a
Municipal Corporation located in the County of Los Angeles, State of California ("CITY"),
and [a corporation/partnership/limited liability
company corporation, located at
("CONTRACTOR"), collectively referred to as the Parties .
RECITALS
A. CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted
on or before , for the following :
in the City of Temple City , California ("Project").
B. At on said date, in the Temple City Council Chambers, the
bids s ubmitted for the Project were opened.
C. At its regular meeting held on , the City Council of
CITY accepted the bid of CONTRACTOR for the Project as being the lowest
responsive bid received and directed that a w ri tten contract be entered into with
CONTRACTOR.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises and of the mutual
covenants and agreements herein contained, the parties do hereby agree as follows:
1. CONTRACT DOCUMENTS. This Ag reement consists of the following
documents ("Contract Documents"), all of which are made a part of this Agreement
(a) Notice Inviting Bids
(b) Instructions to Bidders
(c) Bid Form
(d) Bid Proposal and/or Contract Proposal, as accepted , including the
Certificate of Bidders ' Experience and Qualifications and the List of Subcontractors
(e) Information Required by Bidder
(f) Notice of Award
(g) Notice to Proceed
(h) This Agreement
(i) Verification of California Contractor's License
(j) Contractor's Certificate Regarding Workers' Compensation
(k) Security for payment (labor and materials)
(I) Security for performance
(m) Certificate(s) of Insurance
(n) General Conditions/Specifications
(o) Special Provisions
(p) Plans and Standard Drawings .
(q) Prevailing Wage Scales
(r) Standard Specifications for Public Works Construction , includ ing
subsequent addenda and supplements
(s) Change orders issued by the City and signed by the Contractor pertaining
to the Contract after the Contract is awarded to Contractor
(t) All addenda issued by the City with respect to the foregoing prior to the
opening of bids, including , Addenda Nos . __ _
(u) Other documents list here or delete)
In the event there is a con f lict between the terms of the Contract Documents, the more
specific or stringent provision shall govern .
2
2. SCOPE OF WORK. CONTRACTOR agrees to perform all work required for the
Project and to fulfill all other obligations as set forth in the Contract Documents ("Work").
Except as specifically provided in the Contract Documents, CONTRACTOR must
furnish all of the labor, materials , tools , equipment, services and transportation
necessary to perform all of the Work. CONTRACTOR must perform all of the Work in
strict accordance with the Contract Documents.
3. COMPENSATION & PAYMENT. CONTRACTOR hereby agrees to receive and
accept the total amount of Dollars ($ ), based
upon those certain unit prices set forth in CONTRACTOR's Bid Schedule, a copy of
which is attached hereto as Exhibit "A" and incorporated herein by this reference , as full
compensation for the Work. Said compensation shall cover all expenses , losses ,
damages , and consequences arising out of the nature of the Work during its progress or
prior to its acceptance, including those for well and faithfully completing the Work in the
manner and time specified in the Contract Documents , and also including those arising
form actions of the elements, unforeseen difficulties or obstructions encountered in the
prosecution of the Work, suspension or discontinuance of the Work, and all other
unknowns or risks of any description connected with the Work. CITY shall retain five
percent (5%) of the compensation until the provisions of Section 14 herein have been
met. CITY hereby agrees to pay CONTRACTOR at the time, in the manner , and upon
the conditions set forth in the CONTRACT DOCUMENTS.
4. UNAUTHORIZED ALIENS. CONTRACTOR promises and agrees to comply
with all of the provisions of State and Federal law with respect to the employment of
unauthorized aliens, including without limitation the Federal Immigration and Nationality
Act (8 USCA 1101 , et seq .), as amended . Should CONTRACTOR employ one or more
unauthorized aliens for the performance of the Work, and should the Federal
Government impose sanctions against the CITY for such use of unauthorized aliens ,
CONTRACTOR hereby agrees to , and shall, reimburse CITY for the cost of all
sanctions imposed , together with any and all costs , including attorney 's fees , incurred
by the CITY in connection therewith.
5. REPRESENTATIONS AND WARRANTIES. CONTRACTOR hereby represents
and warrants that:
(a) It is not currently, and has not at any time within the past five (5) calendar
years been , suspended , debarred , or excluded from participating in , bidding on ,
contracting for, or completing any project funded in whole or in part by p rogram , grant or
loan funded by the federal government or the State of California ; and
(b) CONTRACTOR currently has, and for the past five (5) calendar years has
maintained in good standing , a valid California contractor's license ; and
(c) CONTRACTOR is registered with the Department of Industrial Relations
to perform services on public works projects as required by Labor Code section 17 25 .5.
3
CONTRACTOR agrees to complete and execute any statement or certificate to this
effect as may be required by the City or by any federal or State of California program ,
loan or grant utilized on this Project.
6. TIME TO PERFORM THE WORK. CONTRACTOR shall commence the Work
on the date specified in the Notice to Proceed to be issued to CONTRACTOR by the
Director of Public Works of CITY, and shall complete work on the Project within
________ (_) days after commencement.
7. NONDISCRIMINATION. CONTRACTOR shall not discriminate in its recruiting,
hiring , promotion, demotion or termination practices on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, martial status , sex, age, or sexual orientation in the performance of this
Agreement, and shall comply with the provisions of the California Fair Employment and
Housing Act as set forth in Part 2 .8 of Division 3, Title 2 of the California Government
Code ; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352 , and all
amendments thereto; Executive Order 11246; and all administrative rules and
regulations issued pursuant to such acts and order.
8. LABOR CODE REQUIREMENTS.
(a) CONTRACTOR is aware of and agrees to abide by the prov1s1ons of
California Labor Code Sections 1720, et seq., as well as Sections 1771 , 1773, 1773.1,
1773.6, 1773.7, 1774, 1775, 1776 and 1777, pertaining to the obligation to pay
prevailing wages with respect to the performance of work ("Prevailing Wage Laws").
Copies of the prevailing rate of per diem wages and the general prevailing rate for
holiday and overtime work for each craft are available upon request from the City . A
copy of the prevailing rate of per diem wages shall be posted at the job site . If such
posting is not possible, a copy shall be posted at the business of the CONTRACTOR.
(b) CONTRACTOR acknowledges that under California Labor Code sections
1810 and following, eight hours of labor constitutes a legal day's work . CONTRACTOR
will forfeit as a ·penalty to City the sum of $25.00 for each worker employed in the
execution of this Agreement by CONTRACTOR or any subcontractor for each calendar
day during which such worker is required or permitted to work more than 8 hours in any
one calendar day and 40 hours in any one calendar week i.n violation of the provisions
of Labor Code section 1810. (Labor Code§ 1813.)
(c) CONTRACTOR must comply with Labor Code section 1771 .1 (a), which
provides that CONTRACTOR is only eligible to perform the Work if CONTRACTOR is
registered with the Department of Industrial Relations as required by Labor Code
Section 1725.5 , and that CONTRACTOR may award subcontracts for work that
qualifies as a "public work" only to subcontractors which are at the time of award
registered and qualified to perform public work pursuant to Labor Code Section 1725.5.
CONTRACTOR must obtain proof of such registration from all such subcontractors.
4
(d) CONTRACTOR, and any subcontractor engaged by CONTRACTOR,
must pay not less than the specified prevailing rate of per diem wages to all workers
employed in the execution of this Agreement. (Labor Code§ 1774 .) CONTRACTOR is
responsible for compliance with Labor Code section 1776 relative to the retention and
inspection of payroll records.
(e) CONTRACTOR must comply with all provisions of Labor Code section
1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for
each worker employed in the execution of the Agreement by CONTRACTOR or any
subcontractor for each calendar day, or portion thereof, in which the worker is paid less
than the prevailing rates. Contractor may also be liable to pay the difference between
the prevailing wage rates and the amount paid to each worker for each calendar day, or
portion thereof, for which each worker was paid less than the prevailing wage rate.
(f) Nothing in this Agreement prevents CONTRACTOR or any subcontractor
from employing properly registered apprentices in the execution of the Agreement.
CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all
apprenticeable occupations. This statute requires that contractors and subcontractors
must submit contract award information to the applicable joint apprenticeship
committee, must employ apprentices in apprenticeable occupations in a ratio of not less
than one hour of apprentice's work for every five hours of labor performed by a
journeyman (unless an exception is granted under §1777.5), must contribute to the fund
or funds in each craft or trade or a like amount to the California Apprenticeship Council,
and that contractors and subcontractors must not discriminate among otherwise
qualified employees as apprentices solely on the ground of sex, race, religion , creed,
national origin, ancestry or color. Only apprentices defined in Labor Code section 3077 ,
who are in training under apprenticeship standards and who have written apprentice
contracts, may be employed on public works in apprenticeable occupations .
(g) CONTRACTOR shall defend, indemnify and hold the CITY , its elected
officials , officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
9. PROJECT SITE CONDITIONS.
(a) CONTRACTOR shall, without disturbing the condition, notify CITY in
writing as soon as CONTRACTOR , or any. of CONTRACTOR's subcontractors, agents
or employees have knowledge and reporting is possible, of the discovery of any of the
following conditions:
(i) The presence of any material that the CONTRACTOR
believes is hazardous waste, as defined in Section 25117 of the Health and
Safety Code;
(ii) Subsurface or latent physical conditions at the site differing
from those indicated in the specifications ; or,
5
(iii) Unknown physical conditions at the site of any unusual
nature , different materially from those ordinarily encountered and generally
recognized as inherent in work of this character provided for in this Agreement.
(b) Pending a determination by CITY of appropriate action to be taken,
CONTRACTOR shall provide security measures (e .g ., fences) adequate to prevent the
hazardous waste or physical conditions from causing bodily injury to any person .
(c) CITY shall promptly investigate the reported conditions. If CITY, through
its Director of Public Works , or his or her designee, and in the exercise of its sole
discretion , determines that the conditions do materially differ, or do involve hazardous
waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time
required for, performance of any part of the Work, then CITY shall issue a change order.
(d) In the event of a dispute between CITY and CONTRACTOR as to whether
the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the CONTRACTOR's cost of, or time required for, performance of any part
of the Work, CONTRACTOR shall not be excused from any scheduled completion date,
and shall proceed with all work to be performed under the Agreement. CONTRACTOR
shall retain any and all rights which pertain to the resolution of disputes and protests
between the parties.
10. INDEMNITY. CONTRACTOR shall assume the defense of and indemnify and
hold harmless the CITY, its elective and appointive boards , officers, agents and
employees, from all claims, loss, damage, injury and l iability of every kind, nature and
description, directly or indirectly arising form the performance of the Work, regardless of
responsibility of negligence; and from any and all claims, loss, damage, injury and
liability, resulting directly or indirectly from the nature of the Work covered by this
Agreement , regardless of responsibility of negligence .
(a) CITY does not, and shall not, wa ive any rights against CONTRACTOR
which it may have because of the acceptance by CITY or the deposit with CITY by
CONTRACTOR, of any of the insurance policies hereinafter described in this
Agreement.
(b) The indemnity provided by CONTRACTOR shall apply to all damages and
claims for damages of every kind suffered, or alleged to have been suffered, by reason
of any of the Work by CONTRACTOR, or any subcontractor, regardless of whether
insurance policies are applicable to any of the damages or claims for damages.
(c) The provisions of this section do not apply to claims occurring as a result
of the City 's sole negligence or willful acts or omissions .
(d) The provisions of this section will survive the expiration or earlier
termination of this Agreement.
6
11. BONDS. CONTRACTOR , before commencing the Work , shall furnish and file
with CITY a bond, or bonds , in a form satisfactory to the CITY , in the sum of one
hundred percent (1 00%) of the compensation amount stated in Section 3 of this
Agreement conditioned upon the faithful performance of this Agreement and a bond , or
bonds, in a form satisfactory to the CITY , in the sum of one hundred percent (100 %) of
the compensation amount stated in Section 3 of this Agreement conditioned upon the
payment of all labor and materials furnished in connection with this Agreement.
12. INSURANCE. CONTRACTOR shall not commence the Work until
CONTRACTOR has obtained all insurance required by the Contract Documents and
such insurance has been approved by CITY as to form , amount and carrier.
CONTRACTOR shall not allow any subcontractor to · commence work on any
subcontract until all similar insurance required of the subcontractor have been obtained
and approved.
(a) Workers' Compensation. CONTRACTOR shall take out and maintain ,
during the life of this Agreement, Worker's Compensation Insurance (Statutory Limits)
with Employers Liability Insurance (with limits of at least $1 ,000 ,000) for all of
CONTRACTOR's employees employed at the Project site; and, if any work is sublet ,
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees , unless such employees are
covered by the protection afforded by CONTRACTOR. If any class of employees
engaged in Work under this Agreement at the Project site is not protected under any
Workers ' Compensation law, CONTRACTOR shall provide and shall cause each
subcontractor to provide adequate insurance for the protection of employees not
otherwise protected. CONTRACTOR shall indemnify CITY for any damage result ing
from failure of either CONTRACTOR or any subcontractor to take out or maintain such
insurance. CONTRACTOR shall submit to Agency , along with the certificate of
Insurance , a Waiver of Subrogation endorsement in favor of the Agency , its officers,
agents , employees and volunteers .
(b) Comprehensive General Liability. Products/Completed Operations Hazard.
and Contractual General Liability Insurance. CONTRACTOR shall take out and
maintain during the life of this Agreement such comprehensive general liability ,
products/completed operations hazard, comprehensive automobile liability and
contractual general liability insurance as shall protect CITY, its elective and appointive
boards, officers, agents and employees , CONTRACTOR, and any subcontractor
performing work covered by this Agreement, from claims for damage for personal injury,
including death , as well as from claims for property damage which may arise from
CONTRACTOR 's or any subcontractor's operations under this Agreement , whether
such operations be by CONTRACTOR or by any subcontractor, or by anyone directly or
indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of
such insurance shall be as follows :
7
(i) General Liability Insurance in an amount of not less than
ONE MILLION DOLLARS ($1 ,000,000) per occurrence;
(ii) Products/Completed Operations Hazard Insurance in an
amount of not less than ONE MILLION DOLLARS ($1 ,000,000) per occurrence;
and
(iii) Contractual General Liability Insurance in an amount of not
less than ONE MILLION DOLLARS ($1 ,000,000) per occurrence .
General aggregate limits in an amount of not less than TWO MILLION DOLLARS
($2 ,000,000) shall be considered equivalent to the required minimum limits set forth
hereinabove .
(c) Comprehensive Automobile Liability . CONTRACTOR shall take out and
maintain during the life of this Agreement , comprehensive automobile liability insurance
as shall protect CITY , its elective and appointive boards , officers , agents and
employees, CONTRACTOR, and any subcontractor performing work covered by this
Agreement, from claims for damage for personal injury , including death, as well as from
claims for property damage which may arise from CONTRACTOR 's or any
subcontractor's operations under this Agreement, whether such operations be by
CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed by
either CONTRACTOR or any subcontractor, and the amounts of such insurance shall
be as follows :
(i) Comprehensive Automobile Liability Insurance in an amount of not
less than ONE MILLION DOLLARS ($1 ,000 ,000) combined single limit per accident.
(d) Proof of Insurance . The insurance required by this Agreement shall be
with insurers which are California Admitted and Best A rated or better. CITY shall be
named as "additional insured" on the general liability and automobile liability required
hereunder, and CONTRACTOR shall furnish CITY , concurrently with the execution
hereof, with satisfactory proof of carriage of the insurance required , and adequate legal
assurance that each carrier will give CITY at least thirty (30) days' prior notice of the
cancellation of any policy during the effective period of this Agreement.
(e) Umbrella or excess liability insurance. [Optional depending on limits
requirec!J . Contractor shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage
liability coverage at least as broad as the primary coverages set forth above , including
commercial general liability and employer's liability. Such policy or policies shall include
the following terms and conditions :
• A drop down feature requiring the policy to respond if any primary insurance
that would otherwise have applied proves to be uncollectible in whole or in
part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
8
" C o n c u r r e n c y o f e f f e c t i v e d a t e s w i t h p r i m a r y p o l i c i e s ; a n d
" P o l i c i e s s h a l l " f o l l o w f o r m " t o t h e u n d e r l y i n g p r i m a r y p o l i c i e s .
" I n s u r e d s u n d e r p r i m a r y p o l i c i e s s h a l l a l s o b e i n s u r e d s u n d e r t h e u m b r e l l a o r
e x c e s s p o l i c i e s .
( f ) R e q u i r e m e n t s n o t l i m i t i n g . R e q u i r e m e n t s o f s p e c i f i c c o v e r a g e f e a t u r e s o r
l i m i t s c o n t a i n e d i n t h i s S e c t i o n a r e n o t i n t e n d e d a s a l i m i t a t i o n o n c o v e r a g e , l i m i t s o r
o t h e r r e q u i r e m e n t s , o r a w a i v e r o f a n y c o v e r a g e n o r m a l l y p r o v i d e d b y a n y i n s u r a n c e .
S p e c i f i c r e f e r e n c e t o a g i v e n c o v e r a g e f e a t u r e i s f o r p u r p o s e s o f c l a r i f i c a t i o n o n l y a s i t
- p e r t a i n s t o a g i v e n i s s u e a n d i s n o t i n t e n d e d b y a n y p a r t y o r i n s u r e d t o b e a l l i n c l u s i v e ,
o r t o t h e e x c l u s i o n o f o t h e r c o v e r a g e , o r a w a i v e r o f a n y t y p e . I f t h e C O N T R A C T O R
m a i n t a i n s h i g h e r l i m i t s t h a n t h e m i n i m u m s s h o w n a b o v e , t h e A g e n c y r e q u i r e s a n d s h a l l
b e e n t i t l e d t o c o v e r a g e f o r t h e h i g h e r l i m i t s m a i n t a i n e d b y t h e C O N T R A C T O R . A n y
a v a i l a b l e i n s u r a n c e p r o c e e d s i n e x c e s s o f t h e s p e c i f i e d m i n i m u m l i m i t s o f i n s u r a n c e a n d
c o v e r a g e s h a l l b e a v a i l a b l e t o t h e A g e n c y .
( g ) P r i m a r y / c o n t r i b u t i n g . C o v e r a g e p r o v i d e d b y t h e C O N T R A C T O R s h a l l b e
p r i m a r y a n d a n y i n s u r a n c e o r s e l f - i n s u r a n c e o r m a i n t a i n e d b y A g e n c y s h a l l n o t b e
r e q u i r e d t o c o n t r i b u t e t o i t . T h e l i m i t s o f i n s u r a n c e r e q u i r e d h e r e i n m a y b e s a t i s f i e d b y a
c o m b i n a t i o n o f p r i m a r y a n d u m b r e l l a o r e x c e s s i n s u r a n c e . A n y u m b r e l l a o r e x c e s s
i n s u r a n c e s h a l l c o n t a i n o r b e e n d o r s e d t o c o n t a i n a p r o v i s i o n t h a t s u c h c o v e r a g e s h a l l
a l s o a p p l y o n a p r i m a r y a n d n o n - c o n t r i b u t o r y b a s i s f o r t h e b e n e f i t o f A g e n c y b e f o r e t h e
A g e n c y ' s o w n i n s u r a n c e o r s e l f - i n s u r a n c e s h a l l b e c a l l e d u p o n t o p r o t e c t i s a s a n a m e d
i n s u r e d .
( h ) N o t i c e t o P r o c e e d . T h e C I T Y w i l l n o t i s s u e a n y n o t i c e a u t h o r i z i n g
C O N T R A C T O R o r a n y s u b c o n t r a c t o r t o c o m m e n c e t h e W o r k u n d e r t h i s A g r e e m e n t
u n t i l C O N T R A C T O R h a s p r o v i d e d t o t h e C I T Y t h e p r o o f o f i n s u r a n c e a s r e q u i r e d b y
t h i s S e c t i o n 1 2 .
1 3 . L I Q U I D A T E D D A M A G E S . T h e p a r t i e s a g r e e t h a t i t w o u l d b e i m p r a c t i c a l a n d
e x t r e m e l y d i f f i c u l t t o f i x t h e a c t u a l d a m a g e s t o t h e C I T Y i n t h e e v e n t t h e P r o j e c t i s n o t
c o m m e n c e d a n d / o r c o m p l e t e d o n o r b e f o r e t h e d a t e s s p e c i f i e d f o r c o m m e n c e m e n t a n d
c o m p l e t i o n o f t h e P r o j e c t i n t h e C o n t r a c t D o c u m e n t s . T h e p a r t i e s h a v e c o n s i d e r e d t h e
f a c t s o f a b r e a c h o f t h i s A g r e e m e n t a n d h a v e a g r e e d t h a t t h e l i q u i d a t e d d a m a g e s s u m
h e r e i n a f t e r s e t f o r t h i s r e a s o n a b l e a s l i q u i d a t e d d a m a g e s i n t h e e v e n t o f a b r e a c h , a n d
t h a t s a i d s u m s h a l l b e p r e s u m e d t o b e t h e a m o u n t o f t h e d a m a g e s s u s t a i n e d b y t h e
C I T Y i n t h e e v e n t s u c h w o r k i s n o t b e g u n a n d / o r c o m p l e t e d a n d a c c e p t e d b y t h e t i m e s
s o s p e c i f i e d i n t h e C o n t r a c t D o c u m e n t s . T h e s u m o f O N E T H O U S A N D D O L L A R S
( $ 1 , 0 0 0 . 0 0 ) s h a l l b e p r e s u m e d t o b e t h e a m o u n t o f d a m a g e s s u f f e r e d b y t h e C I T Y f o r
e a c h d a y ' s d e l a y i n t h e s t a r t i n g a n d / o r c o m p l e t i o n a n d a c c e p t a n c e o f t h e P r o j e c t a f t e r
t h e d a t e s s p e c i f i e d i n t h e C o n t r a c t D o c u m e n t s f o r t h e s t a r t a n d / o r c o m p l e t i o n t h e r e o f ,
a n d C O N T R A C T O R h e r e b y a g r e e s t o p a y s a i d s u m o f O N E T H O U S A N D D O L L A R S
( $ 1 , 0 0 0 . 0 0 ) a s l i q u i d a t e d d a m a g e s f o r e a c h d a y o f d e l a y i n t h e s t a r t i n g a n d / o r
c o m p l e t i n g a n d a c c e p t a n c e o f s a i d P r o j e c t b e y o n d t h e d a t e s s p e c i f i e d i n t h e
9
CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be
done in accordance with that certain edition of the Standard Spe cification for Public
Works Construction cu rrently in effect on the execution date of this Agreement.
CONTRACTOR CITY OF TEMPLE CITY
By ______________________ _ By ______________________ _
Date: Date : -------------------------------------------
14. NOTICE OF COMPLETION. Upon completion of PROJECT and acceptance of
same by the City Council of the CITY, the City Manager of the CITY shall cause to be
recorded a Notice of Completion with the office of the Los Angeles County Recorder;
and , after thirty-five (35) days from the date said Notice of Completion is recorded , the
Director of Finance of CITY shall release the funds retained pursuant to Section 3
hereof; provided there have been no mechanics ' liens or stop notices filed against the
Work which have not been paid , withdrawn or elim inated as liens against said work.
15. COMPLIANCE WITH LAWS. In performing the Work, CONTRACTOR must
comply with all applicable statutes, laws and regulations, including, but not limited to ,
OSHA requirements and the Temple City Municipal Code. Contractor must , at
Contractor's sole expense, obtain all necessary permits and licenses required for the
Work , and give all necessary notices and pay all fees and taxes required by law,
including, without limitation , any business license tax imposed by City.
16 . INDEPENDENT CONTRACTOR. CONTRACTOR is and will at all times remain
as to CITY a wholly independent contractor. Neither the CITY nor any of its officers ,
employees , or agents will have control over the conduct of CONTRACTOR or any of
CONTRACTOR's officers , employees , agents or subcontractors , except as expressly
set forth in the Contract Documents . CONTRACTOR may not at any time or in any
manner represent that it or any of its officers , employees, agents , or subcontractors are
in any manner officers , employees , agents or subcontractors of CITY.
17. GENERAL PROVISIONS.
(a) Authority to Execute . Each Party represents and warrants that all
necessary action has been taken by such Party to authorize the undersigned to execute
this Agreement and to bind it to the performance of its obligations .
(b) Assignment. CONTRACTOR may not assign this Agreement without the
prior written consent of CITY, which consent may be withheld in the CITY's sole
discretion since the expe rience and qualifications of CONTRACTOR were material
considerations for this Agreement.
10
(c) Binding Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
(d) Integrated Agreement. This Agreement, including the Contract
Documents, is the entire, complete, final and exclusive expression of the Parties with
respect to the Work to be performed under this Agreement and supersedes all other
agreements or understandings , whether oral or written , between CONTRACTOR and
CITY prior to the execution of this Agreement.
(e) Modification of Agreement. No amendment to or modification of th is
Agreement will be valid unless made in writing and approved by CONTRACTOR and by
the City Council or City Manager of CITY, as applicable. The Parties agree that this
requirement for written modifications cannot be waived and that any attempted waiver
will be void.
(f) Counterparts and Facsimile Signatures. This Agreement may be
executed in several counterparts, each of which will be deemed an original, and all of
which, when taken together, constitute one and the same instrument. Amendments to
this Agreement will be cons idered executed when the signature of a party is delivered
by facsimile transmission . Such facsimile signature will have the same effect as an
original signatu re .
(g) Waiver. Waiver by any Party of any term, condition, or cove nant of th is
Agreement will not constitute a waiver of any other term, condition, or covenant. Waiver
by any Party of any breach of the provis ions of this Agreement will not constitute a
waiver of any other prov ision, or a waiver of any subsequent breach or violation of any
provision of this Agreement. Acceptance by City of any Work performed by
CONTRACTOR will not constitute a waiver of any of the provisions of this Agreement.
(h) Interpretation . This Agreement will be interpreted , construed and governed
according to the laws of the State of California. Each party has had the opportunity to
review this Agreement with legal counsel. The Agreement will be construed simply, as
a whole, and in accordance with its fair meaning . It will not be inte rpreted strictly for or
against either party.
(i) Severability. If any term , condition or covenant of this Agreement is
declared or de termined by any court of competent jurisdiction to be invalid , void or
unenforceable , the remaining provisions of this Agreement will not be affected and the
Agreement will be read and construed without the invalid , void or unenforceable
provision .
0) Attorneys' Fees. The prevailing party in any action to resolve a dispute
concerning th is Agreement shall be entitled to have and recover from the losing party
the reasonable attorneys ' fees and costs of such action .
(k) Venue . In the event of litigation between the parties , venue in state trial
courts will be in the County of Los Angeles . In the event of litigation in a U.S. District
Court , venue will be in the Central District of California, in Los Angeles .
11
(I) Notices. All written notices required or permitted to be given under this
Agreement will be deemed made when received by the other Party at its respective
address as follows:
To CITY:
To Contractor:
City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
Attention : ------
(Tel.)
(Fax)
Attention : ------
(Tel.)
(Fax)
Notice will be deemed effective on the date personally delivered or
transmitted by facsimile . If the notice is mailed, notice will be deemed
given three days after deposit of the same in the custody of the United
States Postal Service, postage prepaid , for first class delivery , or upon
delivery if using a major courier service with tracking capabilities .
Any Party may change its notice information by giving notice to the other
Party in compliance with this section.
12
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed on the day of , 20_, by their respective
officers duly authorized in that behalf.
ATT EST:
Peggy Kuo, City Clerk
Date:
APPROVED AS TO FORM :
Eric S . Vail, City Attorney
13
CITY OF TEMPLE CITY, a municipal
corporation
By ________________________ _
________________ , a [state type
of entity]
By ________________________ _
By ____________ __
CALIF ORNIA ALL-PURPOS£ ACKNOWLEDGMENT
~····························································································~
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the dorument, to which this certificate is attached, and not the nuthfulness, a<:curacy, or valtdity
of tflat document.
State of Ca.lifomia ·}
County of Los Angeles _
On _______________________ beforem~------------------------------------------1
pe~onal~appeared __________________________________________________________ _
who proved to me on the basi s of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to
tile within instrument and adcnowtedged ·to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
sign:ature(s) on the instrument the person(s), or the
enttty upon ·behatf of which the person(s) acted,
executed the .instrument.
I certify und·er PENALTY OF PERJURY under the laws of
the State of Ca'lifomia then the foregoi ng paragraph is
true and correct.
WITNESS my hand and offtcial seal.
Signature-------------------------------
(Sig/'IQtwv .of Natwy PubJic)
---------------------------oP nONA L---------------------------Though the informaoon is not IPCjuired by law, t"t may prove valuable to persons relying on the document and coufd
· prevent fravrf11l.ent rer,rovaJ and reattKhment of this form to another document.
Descr~ption of AHached D~un1ent
Title o f TypE! of Docume nt: ------------------------------------------------------------
Dodlment Date:·-----------------------------------Number of .PagE!s: ---------------
Signer(s) Odter Th an Named Above:-----------------------------------------------------
C~acity{ies) Claimed by Signer(s)
Signer's Name:-------------------------
0 Iooividual
0 CorporatE officE!r T:it1e(s)· -.
D Partner D Limited D General I "Ill
D Attorney in Fact
D Trustee
0 Gu ardian or Conservator
D Other:
Signer is ReprE!senting:
Signer's Name: _______________________ _
D Indi~idual
o Corporate Office r -Title(s):;;;;;djei::ici D Partner D U mited D Gem!ral
D Attorney in Fact
D Trustee
0 Guardian or Conservaro r
D Ot:hE!J': -----------------
Signer is Representing: ----------
::::::..;:::.:::: ::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: .... :::.:::::-:::::::::·:::::::::: :::::::::::::: .. :::: ... ::::::::::::::.::::::::: .;::::::::..::::::::::::.::::::::: ·:::.:::: ... :::::::::::::::::: .. :::: ·::::::::::-::::::::: ... :::::::::
CALIFORNIA ALL-PURPOS E ACKNOWLEDGMENT
IU$,t a a~ a"*·' a au a a* a,., uaiat I a a uut ,., a* au* au u a a a (tau .~ a a.uauu a ua a.tuu·t·a a a*-~' u u '*"• ·
A notary public or other officer mmplf:rti~g this certificate verifies only the id-entity.of th~ individual ~ho
signed the .dorument, to whim this certificate .'is art.ac,hed, ~nd rtot the tJl.l:thfulness, accuracy, 0 r ~lidity
Of that document. · · ·
State of Ca.Ufomia ·}
County 'of Los Angeles
~. . . ' .
On ___________ befo~eme, ____________________ ,
pers·onaiJY appeare.d -----------------------------
who ·proved to me on the b~is of s.at~factory ~Kience
to ibe ·tlle persi)n(s).whose name(s) is/are' Subscribed to
the within· rn!ttrumertt anQ 'ackriowfedged 'to 'me ttl-at
he/sh~ithey ·executed ·.the ~me in h~/her/their ·
authoril~ · capacity(.ies), ·and th'at by his/her/their
signatl.tre.(s} ·on th.e ·instrument the per~Qn(s}i or' th~
entity upon behatf ut which t:.h~ person(s} acted,
e':(etut~ the ~nsi:rument _
I ~ertifY under P~NALlY OF PERJURY untler the laws c:>f
the State of Catifomla that the foregoing paragraph is '
tnie and correct ·.
WllNESS mY hand and official seal.
~gnarure _______ ~---------
fSig~tum of ~otary Pu&Jic) -------------OP-TI ONAL -------------
Though the information is nat TFiluired ljy law, it may prove V-atuab/e ·to pe!SOns rel}ling o.n the-docun'rent arid rocild ·. •' . prev~ilt f~-urlul~t re~val and reattachment til this torm . ro .:another document. .
Description .of AHad-.e;d D~ument
Title of Typ~·of Document~-----------------------------
DDdJrmnt Date:·~· ________________ ___... Number of Pages: --------
Signet:(s) Ot he,rlhan ~amed Above:---------------------------'
tapadty{ies} Cl~imed ·by Signer(s}
Signet's Name:-----------~
0 'Individual
D Corporate Officer-~itle(s)• ' .
0 Partner · 0 L:imited D 'General ..L .... :L ::01
0 Att;omey· iri Fa~·
0 Trustee
D Guan;fian or :Conservator
0 ·a,flter.
Signer is Re'P.res~lng:
S1gner's-Narne; ____________ _
D Indi~d.Ual 0 cOrpc:)rate Officer-"'f:itl~(s):
D Pa.rtn~r: 0 limited b Ge;· ~"'e;.ra;llj:C:i:i
0 Attormi,v in F~ct
0 Tt'u~ee
0 Guardi.an o r Conservator
0 ~er,: ---------
Sign.ei-is Rep~n-ting: -----